Return to Transcripts main page

American Morning

Scott Peterson's Father Called to the Stand by Prosecution; '90-Second Pop'

Aired September 10, 2004 - 09:30   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.


MILES O'BRIEN, CNN ANCHOR: In the U.S. Senate in Washington, we just saw a moment of silence to remember 9/11, the anniversary, of course, tomorrow, three years ago.
And let's listen to the prayer for a moment.

(JOINED IN PROGRESS)

CHAPLAIN BARRY C. BLACK: ... and forever.

Help us to find rest and peace in you. Loose us from the chains of addictions that prevent us from doing your will. Remind us of the foolishness of seeking security apart from you. Make us a righteous nation, so that you will be our shelter and shield. Bless the members of this body. Help them in the making of laws to execute justice for the oppressed and to set the captives free, protect them in their work, and keep them from those things that lead to ruin.

Today we pause to remember the victims of September 11th, comfort their families and friends, and continue to be the shield of protection for America, for you are our rock and our redeemer. Amen.

O'BRIEN: Listening to the chaplain.

UNIDENTIFIED MALE: Please join me in the pledge of allegiance to our flag. I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation, under God, indivisible with liberty and justice for all.

O'BRIEN: All right. You're watching the opening of business at the United States Senate. You saw the chaplain there, Barry C. Black, reading a prayer that was preceded by a moment of silence, and now business proceeds, Senator Pete Domenici.

Almost precisely two, 364 days since the 9/11 attacks, the U.S. Senate pausing to remember those lost on that day, some 3,000 of them.

COLLINS: That's right, and we will remember them tomorrow as well. We've got some special coverage coming up here on CNN tomorrow for you to watch as well.

As you know, just about half past the hour now on AMERICAN MORNING. We're going to get another forecast for Hurricane Ivan in just a few minutes. That's the latest picture now. Category-four storm, moving closer to Jamaica. We're going to check in with Chad Myers on when Ivan might get there and where it will go afterwards. O'BRIEN: Also a case of father against son in the Scott Peterson murder trial. The prosecution calling Lee Peterson to the witness stand, Scott's father. We'll get a report on what he said.

COLLINS: We want to first, though, check on the stories now in the news with Daryn Kagan at CNN Center once again.

Good morning, Daryn.

DARYN KAGAN, CNN ANCHOR: Heidi, good morning.

For that, we go back to Florida. Homeowners in the Florida Keys are boarding up their houses in the hour. They're preparing for the wrath of Hurricane Ivan. Many are filling up gas tanks and gathering other essentials and they brace for the massive storm. That storm is being blamed for 23 deaths in the Caribbean, and that makes it the deadliest hurricane to hit that area in a decade.

CIA officials are analyzing what appears to be this year's first on-camera statement from Al Qaeda. On that tape, Osama Bin Laden's right-hand man, Ayman Al-Zawahiri, says that the defeat of Americans in Iraq and Afghanistan is just a matter of time. No official reaction yet from the Pentagon. That tape aired yesterday on the Arabic network Al-Jazeera.

Defense Secretary Donald Rumsfeld is remembering the September 11th terror attacks this morning. Less than an hour ago, the secretary held a special breakfast with the same congressional group that he was dining with on the morning of the attacks three years ago. He'll speak at the National Press Club in Washington this afternoon.

President Bush is making his eighth appearance this year in West Virginia. The president left for that state just a short while ago. He also will head to Ohio later today.

Meanwhile, his rival, John Kerry, will be in key swing states. He begins the day in St. Louis, Missouri, and then it's on to Allentown, Pennsylvania.

Back up to New York City.

COLLINS: All right, Daryn. Hey, what's coming up at 10:00 for you?

KAGAN: Well, I had a really cool afternoon yesterday, Heidi. I got to down to Plains, Georgia, hung out with former President Jimmy Carter and Willie Nelson. My conversation with both of them is coming up at 10:00 and 11:00.

COLLINS: All right, Daryn. We look forward to that. Thanks so much.

(WEATHER REPORT)

O'BRIEN: Testimony in Scott Peterson's double-murder trial resumes Monday. In court yesterday, Peterson's father was called to the stand by the prosecution.

We'll talk to Jeff Toobin about that in just a moment.

But first, here's Ted Rowlands

(BEGIN VIDEOTAPE)

TED ROWLANDS, CNN CORRESPONDENT (voice-over): Lee Peterson started his testimony by making it clear where he stands. The first words out of his mouth, quote, "I'm proud to say Scott is my son." Then he did his best to try to help his son in front of the jury.

Prosecutors put Peterson on the stand to establish that he was never told about a boat purchased by his son, the boat investigators say was used to dump Laci Peterson's body. He also testified that his son never mentioned that he'd been fishing in the San Francisco Bay during a Christmas Eve phone conversation the afternoon Laci Peterson was reported missing.

On cross-examination, Lee Peterson said it, quote, "wouldn't be unusual" that Scott didn't tell him about the boat, because Scott had a history of buying cars, boats, and motorcycles without telling his family. Peterson also testified that his son preferred to fish in saltwater, which could explain why he traveled 90 miles to fish in the San Francisco Bay, leaving his pregnant wife at home.

Observers say the father's testimony may have helped the defense.

DEAN JOHNSON, LEGAL ANALYST: He became a real person for this jury, and if you humanize the father, it becomes much more difficult for the jury to convict the son.

ROWLANDS: A simmering battle between the two families resumed outside the courtroom. Lee Peterson and Brent Rocha, Laci Peterson's brother, exchanged words at the metal detector on the way into the courthouse.

(on camera): There were no public comments from either side about the recent flare-up between the families, but a source close to one of the families tells CNN it is, quote, "getting ugly."

Ted Rowlands, CNN, Redwood City, California.

(END VIDEOTAPE)

O'BRIEN: Joining us now for a closer look at the prosecution's strategy in the Scott Peterson case, senior legal analyst Jeffrey Toobin.

Jeff, good to have you with us.

JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: Good morning.

O'BRIEN: Let's talk about strategy here for a moment, try to get inside the head of the prosecution here. What do you suppose the goal was in putting Scott Peterson's father on the stand? TOOBIN: To establish a couple of discreet facts. One, that he did not tell his father that he bought a boat, suggesting some sort of secrecy, also that he didn't tell his father he was going fishing on the morning of Christmas Eve, again, establishing secrecy, stealth. That's the goal.

O'BRIEN: And did they succeed?

TOOBIN: Well, those facts were established. But the problem is, because he's such a hostile witness, and because there are, apparently, reasonable explanations for that, I don't really see what the point was. Mark Geragos established that, no, he -- Scott didn't always tell his father when he was making purchases like a boat, and he didn't always tell his father when he was going fishing. I don't understand what the point was calling him was.

You know, Scott Peterson may well be convicted at the end of the day, but this prosecution has thrown everything at him, every conceivable piece of evidence, and oftentimes when you do that, you wind up hurting your case more than helping it, because that's just weak evidence.

O'BRIEN: Insecure? I mean, why -- what's the goal?

TOOBIN: I think insecurity. You know, most criminal cases are not this closely contested. And prosecutors aren't used to having to fight this way. So insecure prosecutors say, okay, if we have anything that's even maybe slightly a little bit helpful, let's put it on. Secure prosecutors say, hey, we have enough, let's put on what matters and forget about the rest.

O'BRIEN: All right, the first thing out of his mouth, I'm proud to say Scott is my son. Did Mark Geragos put those words in his mouth, do you think?

TOOBIN: I doubt he had to. I was always -- you know, when I was a prosecutor, I always was very uncomfortable of the families of the defendants, because families, they didn't do anything wrong, and they love their spouse, their brother, their son, you know, without reserve, and that's fine. But I don't think it does you much good to humanize a defendant in that way when you're a prosecutor.

O'BRIEN: All right, a little bit of what we don't see on the stand, what's going on in the courtroom, the tensions between the two families, reportedly naturally very high. What's going on?

TOOBIN: Well, I think, you know, these are human beings, and they've been together a long time. This trial is just unbelievably long. This is such a disgrace, frankly, that this trial is in its 16th week. This isn't the Enron case. This isn't the most complicated case ever tried. The fact that prosecutors and the judge have let this drag on this long is terrible. Yesterday we learned that prosecutors think maybe they'll end in October. Defense we'll maybe end in November. I mean, the idea that this case is going to take the better part of a year is just a real failure of the judicial system.

O'BRIEN: Jeffrey Toobin, telling it like it is. Thank you very much -- Heidi.

COLLINS: Still to come this morning, one of the big home improvement chains makes renovations of its own, just so it can make it in the Big Apple. Andy Serwer's "Minding Your Business" on that.

Plus, some "90-Second Pop." Can The Donald and "The Apprentice" fill the void of six "Friends" from New York? You know who they are. Stay with us, here on AMERICAN MORNING.

(COMMERCIAL BREAK)

(BEGIN VIDEOTAPE)

COLLINS: Ooh! You almost heard me singing on the air. That was frightful.

"90-Second Pop" breaks new ground this morning with a TGI-female edition. That's right. Sarah Bernard, contributing editor for "New York" magazine, Crystal McCrary Anthony, author of "Gotham Diaries," is making a pop debut. Yea, Crystal! And Jessica Shaw from "Entertainment Weekly."

Thanks, ladies, for being with us this morning.

OK, so there was a lot going on, on TV last night.

SARAH BERNARD, "NEW YORK" MAGAZINE: It was a big night, that's right.

COLLINS: One of the first shows that was on the air, "Joey."

BERNARD: Finally!

COLLINS: So it's no longer "Friends." Just "Joey." Is it going it make it? Or maybe not.

BERNARD: You know, I had such low expectations for this show that the fact that I laughed, like, four or five times made me think it was a phenomenal success.

COLLINS: I laughed, too, yes!

JESSICA SHAW, "ENTERTAINMENT WEEKLY": The (UNINTELLIGIBLE) could not have been lower.

BERNARD: It couldn't. I mean, this poor guy, the future of his sitcom genre has been riding on him. You know, he's even said in interviews that Jeff Zucker -- oh, there he is. There's a little preview. Drea looks great, doesn't she?

COLLINS: Yes, from "The Sopranos," just in case people aren't regular watchers.

BERNARD: Yes. Who could not know where she's from?

COLLINS: Yes.

BERNARD: But it was like as if everyone was saying, you know, the whole genre is riding on you, Matt LeBlanc. Can we count on you to save our entire must-see TV lineup?

SHAW: But the fact is the key is if this show does 60 percent as well as "Friends," it will be a hit. It will be better than any other show on TV right now.

COLLINS: Yes, Sarah, Right.

CRYSTAL MCCRARY ANTHONY, AUTHOR, "GOTHAM DIARIES": Yes.

BERNARD: The other thing is that "Joey" was always was kind of the punchline of the show, and he was good for a new show, because we didn't know much about him. But I think what's going to make or break this is really his chemistry and with Drea and with Drea's genius son, and who is kind of his foil for his dim-wittedness. He's actually living with this nephew of his who is a genius.

So, it's really going to be how will this new ensemble work? And it looked pretty promising, I have to say.

SHAW: It looks good, yes.

COLLINS: So you liked it.

ANTHONY: Even without the "Friends," is it still good?

COLLINS: We'll see. Week one, it was (UNINTELLIGIBLE).

BERNARD: There is a picture of Joey and Chandler that he has in the corner.

SHAW: I think six times is funny, not one-sixth is funny.

COLLINS: Oh, wow! I've got to figure that out.

SHAW: A little math for early in the morning?

COLLINS: OK. All right, let's talk about "The Apprentice" now. Crystal, I watched this one last night...

ANTHONY: Yes.

COLLINS: ... as long as I could before bedtime. And, you know, it's "The Apprentice." I mean, this was a huge success last year.

ANTHONY: Right.

COLLINS: Are they going to pull it off again this year?

ANTHONY: Well, I mean, "The Apprentice" is reality TV at its best. I mean, it's intelligent. You have the persona of the Don pulling it.

COLLINS: And there is already kind of a wacko person coming out.

ANTHONY: Oh, I felt bad for her.

COLLINS: You did?

ANTHONY: Yes, I mean, you know, she had some energy going. She was trying to pump them up. I mean, I think that it's sort of...

SHAW: And by energy, you mean insanity?

ANTHONY: Well you know, I mean, listen, it's an intelligent show. It's not a debasing show in terms of, you know, comparing it to the other reality shows, where it's about eating a bug in the middle of the South Pacific.

COLLINS: True.

ANTHONY: It's not, you know, a dating show, where it's schmulty (ph) in that way.

COLLINS: How much is this, though, about Donald Trump? I mean, don't you find it...

(CROSSTALK)

SHAW: I like that this season they have him on the phone. Before he goes into any meeting, he's on the phone with his secretary saying, hold that meeting. I'm going in to Mattel, right? As if they didn't do that take 17 times.

COLLINS: (UNINTELLIGIBLE) didn't do that. It's kind of (UNINTELLIGIBLE), isn't it?

SHAW: I know.

ANTHONY: I loved being able to go to his home and have a lovely dinner with he and his fiance.

COLLINS: Yes, that happened last year, I remember that.

(CROSSTALK)

ANTHONY: It was very glamorous.

COLLINS: All right, thanks so much to all three of you today, Sarah, Crystal and Jessica, on this Friday edition of "90-Second Pop."

Miles, back over to you.

(END VIDEOTAPE)

O'BRIEN: Still to come on the program. Parents take note -- you're not saving enough money for college? Here's another plan. I'm going to get my kids out in the street any day now. One college-bound student took to the street with a novel way to finance her education. That will get you into Harvard just doing that. Ahead, on AMERICAN MORNING.

(COMMERCIAL BREAK)

O'BRIEN: All right. You know, New Yorkers are pretty cocky. They like to brag about how they can get anything. But up until this morning, they couldn't go to Home Depot. But that is changing now, right?

ANDY SERWER, "FORTUNE" MAGAZINE: Yes, big, big news in Manhattan. We'll get to that in one second, Miles.

Let's start off with the market a little bit. Stocks slipping a little bit at the open here. Let's go the Big Board and see what's we've got. Well, down about 43 points on the Dow. What's moving? Oracle is a little bit higher. They're still working on that Peoplesoft deal. Disney's up a little bit. That's because Michael Eisner says he's leaving. CEOs hate that. Not necessarily correlated, Michael, sorry about that. But the stock is up a little bit. U.S. Air is down a little bit. Reports in the paper that the company may file chapter 11 Sunday. Just a real tough situation. Home Depot, that's right, Big Orange coming to New York City. It's a three-story store, 105,000 square feet. They have a doorman. This is New York. There's a doorman at the Home Depot to help you load stuff into your taxi.

O'BRIEN: Do they wear white gloves?

SERWER: They have $7,000 rugs. Here's what they don't have at the Home Depot in Manhattan. No lawnmowers. We don't need them. No lumber. We don't need that.

O'BRIEN: No lumber?

SERWER: No sheetrock.

No, you can special order sheetrock or lumber. This sounds like a Bed, Bath and Beyond to me. Is this really a Home Depot?

O'BRIEN: Tiffany's.

SERWER: Yes. All right, so that'll be interesting. That opens up today.

And join me this weekend on "IN THE MONEY." We've got a real interesting program. The U.S. has mobilized men and money to fight terrorists, but do we really know enough about who joins groups like Al Qaeda? We'll take a close look at the men who become jihadists. It may surprise you just how middle class and educated they are. That's this weekend Saturday at 1:00 Eastern, and Sunday at 3:00 p.m. Eastern. Hope you're there.

O'BRIEN: I'll be there.

COLLINS: All Right, Andy, excellent plug. Love that. All right, meanwhile, we're going to check in with Andy Borowitz. He was Question of the Day once again.

ANDY BOROWITZ, "THE BOROWITZ REPORT": I do? Well, here it is. I asked today, should political advertising on television be banned? Let's bring it on home. Sean from Duluth, Georgia, "Why not ban car commercials? It will never happen. But until then, we should do what the rest of America does, exercise our freedom to use the mute button."

OK. And finally, I love this...

O'BRIEN: Don't do it now.

COLLINS: Wait on that.

BOROWITZ: This Doug from Bloomfield, New Jersey, "If you played all the political ads back to back, the result would be longer than Cafferty's vacation time."

That is the de rigeur Jack Cafferty joke that we have to end with.

SERWER: Every time.

O'BRIEN: We're talking long there. All right.

COLLINS: Thank you, Andy.

O'BRIEN: All right, our extra effort series is a weekly tribute to those going the extra mile to help others. This morning, the story of a 19-year-old Nigerian woman. She had a 4.0 grad average, and was desperate to go to college, but she couldn't afford the tuition.

As Alina Cho tells us, she found her dream in the kindness of strangers.

(BEGIN VIDEOTAPE)

ALINA CHO, CNN CORRESPONDENT (voice-over): Meet Mary Shodiya.

MARY SHODIYA, BARNARD STUDENT: Hi, I'm Mary. I'm brilliant. Columbia University agrees. All I need is a loan. Name you're interest rate.

CHO: Already accepted to Columbia's prestigious women's college, Barnard, Shodiya wanted desperately to go. She couldn't afford to, until someone smartly advised her, get a sign and go to Wall Street.

SHODIYA: You know how many people walk down that street a day? And I literally stopped and hesitated, and I'm just like, you know what, I'm absolutely crazy enough.

CHO: Reporter: Desperate enough, with one week to go before the start of the school year, the 19-year-old Nigerian native took to the streets to no avail. SHODIYA: At the end of the day, at 6:00, I met this lady, this absolutely guardian angel.

CHO: Judith Adod, the Harvard law school graduate and investment banker asked Shodiya for a copy of her acceptance letter. She then went to work, sending an e-mail that has since made it around the world.

JUDITH ADOD, INVESTMENT BANKER: I literally just sent it out, I said the craziest thing happened to me last night, I met this young lady, standing in front of the New York Stock Exchange looking for investors in her education. Can you help her? I want to see that we can send her to school in the next three days.

CHO: Adod even helped launch a Web site, maryshodiya.com.

Patrick Okigbo was one of those who responded.

PATRICK OKIGBO, FINANCIAL ANALYST: And I thought, if she had the smarts and the humility to go stand in front of the New York Stock Exchange, to look for financing, then she would be a good investment.

CHO: Adod calls it the West African way.

ADOD: You hear stories all the time of somebody getting into a university somewhere abroad, and the entire community, literally strangers, come in and pitch in.

CHO (on camera): So is it weird being on campus?

(voice-over): So far, Mary has enough money to finish her first semester. Barnard costs $38,000 a year though.

SHODIYA: These people I don't know. I don't know why they have so much faith in me, but by God, I'm glad they did.

CHO: One semester down, seven more to go.

Alina Cho, CNN, New York.

(END VIDEOTAPE)

O'BRIEN: That's my prediction, she's going the distance. And we're going to keep hearing from her for the remainder of her life. International students, by the way, are not eligible for federal financial aid.

COLLINS: Awesome story.

All right, coming up on CNN, Daryn Kagan has a special interview with former president Jimmy Carter. Carter Talks about the war in Iraq, presidential politics and country music.

I think that was Willie Nelson there.

That's coming up in the next hour on "CNN LIVE TODAY." AMERICAN MORNING will be back in a moment.

(COMMERCIAL BREAK)

COLLINS: Here's Aaron Brown now with a preview of what's coming up on tonight's "NEWSNIGHT."

AARON BROWN, CNN ANCHOR: Thank you, Heidi.

Tonight, we devote much of the program to the 11th September three years ago tomorrow. Among the threads, people who lost a wife, a brother, a child. They told us their stories, searing, powerful stories, three years ago. Three years later, we revisit them. That puts all the day's news, morning papers, everything that makes "NEWSNIGHT" "NEWSNIGHT," CNN tonight, 10:00 p.m. Eastern -- Heidi.

COLLINS: Aaron, thanks so much for that. And we of course are going to have more coverage on Saturday as well here at the network...

O'BRIEN: All day long.

COLLINS: ... to remember September 11th.

Meanwhile, that's all from us here on AMERICAN MORNING.

Miles, nice to have you.

O'BRIEN: It was great pleasure dropping by. I may come back Monday.

COLLINS: I may come back Monday.

O'BRIEN: Depending, we'll see how the weather is. We'll see which way the wind blows, if you know what I mean.

COLLINS: Yes, I did know what you mean.

All right, Andy Serwer as well. Thanks so much Andy Borowitz. It was fabulous having, too.

SERWER: Well, it was fabulous being here.

COLLINS: All right, Daryn Kagan is standing by the CNN Center now to take you through the next few hours on "CNN LIVE TODAY."

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 September 10, 2004 - 09:30   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
MILES O'BRIEN, CNN ANCHOR: In the U.S. Senate in Washington, we just saw a moment of silence to remember 9/11, the anniversary, of course, tomorrow, three years ago.
And let's listen to the prayer for a moment.

(JOINED IN PROGRESS)

CHAPLAIN BARRY C. BLACK: ... and forever.

Help us to find rest and peace in you. Loose us from the chains of addictions that prevent us from doing your will. Remind us of the foolishness of seeking security apart from you. Make us a righteous nation, so that you will be our shelter and shield. Bless the members of this body. Help them in the making of laws to execute justice for the oppressed and to set the captives free, protect them in their work, and keep them from those things that lead to ruin.

Today we pause to remember the victims of September 11th, comfort their families and friends, and continue to be the shield of protection for America, for you are our rock and our redeemer. Amen.

O'BRIEN: Listening to the chaplain.

UNIDENTIFIED MALE: Please join me in the pledge of allegiance to our flag. I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation, under God, indivisible with liberty and justice for all.

O'BRIEN: All right. You're watching the opening of business at the United States Senate. You saw the chaplain there, Barry C. Black, reading a prayer that was preceded by a moment of silence, and now business proceeds, Senator Pete Domenici.

Almost precisely two, 364 days since the 9/11 attacks, the U.S. Senate pausing to remember those lost on that day, some 3,000 of them.

COLLINS: That's right, and we will remember them tomorrow as well. We've got some special coverage coming up here on CNN tomorrow for you to watch as well.

As you know, just about half past the hour now on AMERICAN MORNING. We're going to get another forecast for Hurricane Ivan in just a few minutes. That's the latest picture now. Category-four storm, moving closer to Jamaica. We're going to check in with Chad Myers on when Ivan might get there and where it will go afterwards. O'BRIEN: Also a case of father against son in the Scott Peterson murder trial. The prosecution calling Lee Peterson to the witness stand, Scott's father. We'll get a report on what he said.

COLLINS: We want to first, though, check on the stories now in the news with Daryn Kagan at CNN Center once again.

Good morning, Daryn.

DARYN KAGAN, CNN ANCHOR: Heidi, good morning.

For that, we go back to Florida. Homeowners in the Florida Keys are boarding up their houses in the hour. They're preparing for the wrath of Hurricane Ivan. Many are filling up gas tanks and gathering other essentials and they brace for the massive storm. That storm is being blamed for 23 deaths in the Caribbean, and that makes it the deadliest hurricane to hit that area in a decade.

CIA officials are analyzing what appears to be this year's first on-camera statement from Al Qaeda. On that tape, Osama Bin Laden's right-hand man, Ayman Al-Zawahiri, says that the defeat of Americans in Iraq and Afghanistan is just a matter of time. No official reaction yet from the Pentagon. That tape aired yesterday on the Arabic network Al-Jazeera.

Defense Secretary Donald Rumsfeld is remembering the September 11th terror attacks this morning. Less than an hour ago, the secretary held a special breakfast with the same congressional group that he was dining with on the morning of the attacks three years ago. He'll speak at the National Press Club in Washington this afternoon.

President Bush is making his eighth appearance this year in West Virginia. The president left for that state just a short while ago. He also will head to Ohio later today.

Meanwhile, his rival, John Kerry, will be in key swing states. He begins the day in St. Louis, Missouri, and then it's on to Allentown, Pennsylvania.

Back up to New York City.

COLLINS: All right, Daryn. Hey, what's coming up at 10:00 for you?

KAGAN: Well, I had a really cool afternoon yesterday, Heidi. I got to down to Plains, Georgia, hung out with former President Jimmy Carter and Willie Nelson. My conversation with both of them is coming up at 10:00 and 11:00.

COLLINS: All right, Daryn. We look forward to that. Thanks so much.

(WEATHER REPORT)

O'BRIEN: Testimony in Scott Peterson's double-murder trial resumes Monday. In court yesterday, Peterson's father was called to the stand by the prosecution.

We'll talk to Jeff Toobin about that in just a moment.

But first, here's Ted Rowlands

(BEGIN VIDEOTAPE)

TED ROWLANDS, CNN CORRESPONDENT (voice-over): Lee Peterson started his testimony by making it clear where he stands. The first words out of his mouth, quote, "I'm proud to say Scott is my son." Then he did his best to try to help his son in front of the jury.

Prosecutors put Peterson on the stand to establish that he was never told about a boat purchased by his son, the boat investigators say was used to dump Laci Peterson's body. He also testified that his son never mentioned that he'd been fishing in the San Francisco Bay during a Christmas Eve phone conversation the afternoon Laci Peterson was reported missing.

On cross-examination, Lee Peterson said it, quote, "wouldn't be unusual" that Scott didn't tell him about the boat, because Scott had a history of buying cars, boats, and motorcycles without telling his family. Peterson also testified that his son preferred to fish in saltwater, which could explain why he traveled 90 miles to fish in the San Francisco Bay, leaving his pregnant wife at home.

Observers say the father's testimony may have helped the defense.

DEAN JOHNSON, LEGAL ANALYST: He became a real person for this jury, and if you humanize the father, it becomes much more difficult for the jury to convict the son.

ROWLANDS: A simmering battle between the two families resumed outside the courtroom. Lee Peterson and Brent Rocha, Laci Peterson's brother, exchanged words at the metal detector on the way into the courthouse.

(on camera): There were no public comments from either side about the recent flare-up between the families, but a source close to one of the families tells CNN it is, quote, "getting ugly."

Ted Rowlands, CNN, Redwood City, California.

(END VIDEOTAPE)

O'BRIEN: Joining us now for a closer look at the prosecution's strategy in the Scott Peterson case, senior legal analyst Jeffrey Toobin.

Jeff, good to have you with us.

JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: Good morning.

O'BRIEN: Let's talk about strategy here for a moment, try to get inside the head of the prosecution here. What do you suppose the goal was in putting Scott Peterson's father on the stand? TOOBIN: To establish a couple of discreet facts. One, that he did not tell his father that he bought a boat, suggesting some sort of secrecy, also that he didn't tell his father he was going fishing on the morning of Christmas Eve, again, establishing secrecy, stealth. That's the goal.

O'BRIEN: And did they succeed?

TOOBIN: Well, those facts were established. But the problem is, because he's such a hostile witness, and because there are, apparently, reasonable explanations for that, I don't really see what the point was. Mark Geragos established that, no, he -- Scott didn't always tell his father when he was making purchases like a boat, and he didn't always tell his father when he was going fishing. I don't understand what the point was calling him was.

You know, Scott Peterson may well be convicted at the end of the day, but this prosecution has thrown everything at him, every conceivable piece of evidence, and oftentimes when you do that, you wind up hurting your case more than helping it, because that's just weak evidence.

O'BRIEN: Insecure? I mean, why -- what's the goal?

TOOBIN: I think insecurity. You know, most criminal cases are not this closely contested. And prosecutors aren't used to having to fight this way. So insecure prosecutors say, okay, if we have anything that's even maybe slightly a little bit helpful, let's put it on. Secure prosecutors say, hey, we have enough, let's put on what matters and forget about the rest.

O'BRIEN: All right, the first thing out of his mouth, I'm proud to say Scott is my son. Did Mark Geragos put those words in his mouth, do you think?

TOOBIN: I doubt he had to. I was always -- you know, when I was a prosecutor, I always was very uncomfortable of the families of the defendants, because families, they didn't do anything wrong, and they love their spouse, their brother, their son, you know, without reserve, and that's fine. But I don't think it does you much good to humanize a defendant in that way when you're a prosecutor.

O'BRIEN: All right, a little bit of what we don't see on the stand, what's going on in the courtroom, the tensions between the two families, reportedly naturally very high. What's going on?

TOOBIN: Well, I think, you know, these are human beings, and they've been together a long time. This trial is just unbelievably long. This is such a disgrace, frankly, that this trial is in its 16th week. This isn't the Enron case. This isn't the most complicated case ever tried. The fact that prosecutors and the judge have let this drag on this long is terrible. Yesterday we learned that prosecutors think maybe they'll end in October. Defense we'll maybe end in November. I mean, the idea that this case is going to take the better part of a year is just a real failure of the judicial system.

O'BRIEN: Jeffrey Toobin, telling it like it is. Thank you very much -- Heidi.

COLLINS: Still to come this morning, one of the big home improvement chains makes renovations of its own, just so it can make it in the Big Apple. Andy Serwer's "Minding Your Business" on that.

Plus, some "90-Second Pop." Can The Donald and "The Apprentice" fill the void of six "Friends" from New York? You know who they are. Stay with us, here on AMERICAN MORNING.

(COMMERCIAL BREAK)

(BEGIN VIDEOTAPE)

COLLINS: Ooh! You almost heard me singing on the air. That was frightful.

"90-Second Pop" breaks new ground this morning with a TGI-female edition. That's right. Sarah Bernard, contributing editor for "New York" magazine, Crystal McCrary Anthony, author of "Gotham Diaries," is making a pop debut. Yea, Crystal! And Jessica Shaw from "Entertainment Weekly."

Thanks, ladies, for being with us this morning.

OK, so there was a lot going on, on TV last night.

SARAH BERNARD, "NEW YORK" MAGAZINE: It was a big night, that's right.

COLLINS: One of the first shows that was on the air, "Joey."

BERNARD: Finally!

COLLINS: So it's no longer "Friends." Just "Joey." Is it going it make it? Or maybe not.

BERNARD: You know, I had such low expectations for this show that the fact that I laughed, like, four or five times made me think it was a phenomenal success.

COLLINS: I laughed, too, yes!

JESSICA SHAW, "ENTERTAINMENT WEEKLY": The (UNINTELLIGIBLE) could not have been lower.

BERNARD: It couldn't. I mean, this poor guy, the future of his sitcom genre has been riding on him. You know, he's even said in interviews that Jeff Zucker -- oh, there he is. There's a little preview. Drea looks great, doesn't she?

COLLINS: Yes, from "The Sopranos," just in case people aren't regular watchers.

BERNARD: Yes. Who could not know where she's from?

COLLINS: Yes.

BERNARD: But it was like as if everyone was saying, you know, the whole genre is riding on you, Matt LeBlanc. Can we count on you to save our entire must-see TV lineup?

SHAW: But the fact is the key is if this show does 60 percent as well as "Friends," it will be a hit. It will be better than any other show on TV right now.

COLLINS: Yes, Sarah, Right.

CRYSTAL MCCRARY ANTHONY, AUTHOR, "GOTHAM DIARIES": Yes.

BERNARD: The other thing is that "Joey" was always was kind of the punchline of the show, and he was good for a new show, because we didn't know much about him. But I think what's going to make or break this is really his chemistry and with Drea and with Drea's genius son, and who is kind of his foil for his dim-wittedness. He's actually living with this nephew of his who is a genius.

So, it's really going to be how will this new ensemble work? And it looked pretty promising, I have to say.

SHAW: It looks good, yes.

COLLINS: So you liked it.

ANTHONY: Even without the "Friends," is it still good?

COLLINS: We'll see. Week one, it was (UNINTELLIGIBLE).

BERNARD: There is a picture of Joey and Chandler that he has in the corner.

SHAW: I think six times is funny, not one-sixth is funny.

COLLINS: Oh, wow! I've got to figure that out.

SHAW: A little math for early in the morning?

COLLINS: OK. All right, let's talk about "The Apprentice" now. Crystal, I watched this one last night...

ANTHONY: Yes.

COLLINS: ... as long as I could before bedtime. And, you know, it's "The Apprentice." I mean, this was a huge success last year.

ANTHONY: Right.

COLLINS: Are they going to pull it off again this year?

ANTHONY: Well, I mean, "The Apprentice" is reality TV at its best. I mean, it's intelligent. You have the persona of the Don pulling it.

COLLINS: And there is already kind of a wacko person coming out.

ANTHONY: Oh, I felt bad for her.

COLLINS: You did?

ANTHONY: Yes, I mean, you know, she had some energy going. She was trying to pump them up. I mean, I think that it's sort of...

SHAW: And by energy, you mean insanity?

ANTHONY: Well you know, I mean, listen, it's an intelligent show. It's not a debasing show in terms of, you know, comparing it to the other reality shows, where it's about eating a bug in the middle of the South Pacific.

COLLINS: True.

ANTHONY: It's not, you know, a dating show, where it's schmulty (ph) in that way.

COLLINS: How much is this, though, about Donald Trump? I mean, don't you find it...

(CROSSTALK)

SHAW: I like that this season they have him on the phone. Before he goes into any meeting, he's on the phone with his secretary saying, hold that meeting. I'm going in to Mattel, right? As if they didn't do that take 17 times.

COLLINS: (UNINTELLIGIBLE) didn't do that. It's kind of (UNINTELLIGIBLE), isn't it?

SHAW: I know.

ANTHONY: I loved being able to go to his home and have a lovely dinner with he and his fiance.

COLLINS: Yes, that happened last year, I remember that.

(CROSSTALK)

ANTHONY: It was very glamorous.

COLLINS: All right, thanks so much to all three of you today, Sarah, Crystal and Jessica, on this Friday edition of "90-Second Pop."

Miles, back over to you.

(END VIDEOTAPE)

O'BRIEN: Still to come on the program. Parents take note -- you're not saving enough money for college? Here's another plan. I'm going to get my kids out in the street any day now. One college-bound student took to the street with a novel way to finance her education. That will get you into Harvard just doing that. Ahead, on AMERICAN MORNING.

(COMMERCIAL BREAK)

O'BRIEN: All right. You know, New Yorkers are pretty cocky. They like to brag about how they can get anything. But up until this morning, they couldn't go to Home Depot. But that is changing now, right?

ANDY SERWER, "FORTUNE" MAGAZINE: Yes, big, big news in Manhattan. We'll get to that in one second, Miles.

Let's start off with the market a little bit. Stocks slipping a little bit at the open here. Let's go the Big Board and see what's we've got. Well, down about 43 points on the Dow. What's moving? Oracle is a little bit higher. They're still working on that Peoplesoft deal. Disney's up a little bit. That's because Michael Eisner says he's leaving. CEOs hate that. Not necessarily correlated, Michael, sorry about that. But the stock is up a little bit. U.S. Air is down a little bit. Reports in the paper that the company may file chapter 11 Sunday. Just a real tough situation. Home Depot, that's right, Big Orange coming to New York City. It's a three-story store, 105,000 square feet. They have a doorman. This is New York. There's a doorman at the Home Depot to help you load stuff into your taxi.

O'BRIEN: Do they wear white gloves?

SERWER: They have $7,000 rugs. Here's what they don't have at the Home Depot in Manhattan. No lawnmowers. We don't need them. No lumber. We don't need that.

O'BRIEN: No lumber?

SERWER: No sheetrock.

No, you can special order sheetrock or lumber. This sounds like a Bed, Bath and Beyond to me. Is this really a Home Depot?

O'BRIEN: Tiffany's.

SERWER: Yes. All right, so that'll be interesting. That opens up today.

And join me this weekend on "IN THE MONEY." We've got a real interesting program. The U.S. has mobilized men and money to fight terrorists, but do we really know enough about who joins groups like Al Qaeda? We'll take a close look at the men who become jihadists. It may surprise you just how middle class and educated they are. That's this weekend Saturday at 1:00 Eastern, and Sunday at 3:00 p.m. Eastern. Hope you're there.

O'BRIEN: I'll be there.

COLLINS: All Right, Andy, excellent plug. Love that. All right, meanwhile, we're going to check in with Andy Borowitz. He was Question of the Day once again.

ANDY BOROWITZ, "THE BOROWITZ REPORT": I do? Well, here it is. I asked today, should political advertising on television be banned? Let's bring it on home. Sean from Duluth, Georgia, "Why not ban car commercials? It will never happen. But until then, we should do what the rest of America does, exercise our freedom to use the mute button."

OK. And finally, I love this...

O'BRIEN: Don't do it now.

COLLINS: Wait on that.

BOROWITZ: This Doug from Bloomfield, New Jersey, "If you played all the political ads back to back, the result would be longer than Cafferty's vacation time."

That is the de rigeur Jack Cafferty joke that we have to end with.

SERWER: Every time.

O'BRIEN: We're talking long there. All right.

COLLINS: Thank you, Andy.

O'BRIEN: All right, our extra effort series is a weekly tribute to those going the extra mile to help others. This morning, the story of a 19-year-old Nigerian woman. She had a 4.0 grad average, and was desperate to go to college, but she couldn't afford the tuition.

As Alina Cho tells us, she found her dream in the kindness of strangers.

(BEGIN VIDEOTAPE)

ALINA CHO, CNN CORRESPONDENT (voice-over): Meet Mary Shodiya.

MARY SHODIYA, BARNARD STUDENT: Hi, I'm Mary. I'm brilliant. Columbia University agrees. All I need is a loan. Name you're interest rate.

CHO: Already accepted to Columbia's prestigious women's college, Barnard, Shodiya wanted desperately to go. She couldn't afford to, until someone smartly advised her, get a sign and go to Wall Street.

SHODIYA: You know how many people walk down that street a day? And I literally stopped and hesitated, and I'm just like, you know what, I'm absolutely crazy enough.

CHO: Reporter: Desperate enough, with one week to go before the start of the school year, the 19-year-old Nigerian native took to the streets to no avail. SHODIYA: At the end of the day, at 6:00, I met this lady, this absolutely guardian angel.

CHO: Judith Adod, the Harvard law school graduate and investment banker asked Shodiya for a copy of her acceptance letter. She then went to work, sending an e-mail that has since made it around the world.

JUDITH ADOD, INVESTMENT BANKER: I literally just sent it out, I said the craziest thing happened to me last night, I met this young lady, standing in front of the New York Stock Exchange looking for investors in her education. Can you help her? I want to see that we can send her to school in the next three days.

CHO: Adod even helped launch a Web site, maryshodiya.com.

Patrick Okigbo was one of those who responded.

PATRICK OKIGBO, FINANCIAL ANALYST: And I thought, if she had the smarts and the humility to go stand in front of the New York Stock Exchange, to look for financing, then she would be a good investment.

CHO: Adod calls it the West African way.

ADOD: You hear stories all the time of somebody getting into a university somewhere abroad, and the entire community, literally strangers, come in and pitch in.

CHO (on camera): So is it weird being on campus?

(voice-over): So far, Mary has enough money to finish her first semester. Barnard costs $38,000 a year though.

SHODIYA: These people I don't know. I don't know why they have so much faith in me, but by God, I'm glad they did.

CHO: One semester down, seven more to go.

Alina Cho, CNN, New York.

(END VIDEOTAPE)

O'BRIEN: That's my prediction, she's going the distance. And we're going to keep hearing from her for the remainder of her life. International students, by the way, are not eligible for federal financial aid.

COLLINS: Awesome story.

All right, coming up on CNN, Daryn Kagan has a special interview with former president Jimmy Carter. Carter Talks about the war in Iraq, presidential politics and country music.

I think that was Willie Nelson there.

That's coming up in the next hour on "CNN LIVE TODAY." AMERICAN MORNING will be back in a moment.

(COMMERCIAL BREAK)

COLLINS: Here's Aaron Brown now with a preview of what's coming up on tonight's "NEWSNIGHT."

AARON BROWN, CNN ANCHOR: Thank you, Heidi.

Tonight, we devote much of the program to the 11th September three years ago tomorrow. Among the threads, people who lost a wife, a brother, a child. They told us their stories, searing, powerful stories, three years ago. Three years later, we revisit them. That puts all the day's news, morning papers, everything that makes "NEWSNIGHT" "NEWSNIGHT," CNN tonight, 10:00 p.m. Eastern -- Heidi.

COLLINS: Aaron, thanks so much for that. And we of course are going to have more coverage on Saturday as well here at the network...

O'BRIEN: All day long.

COLLINS: ... to remember September 11th.

Meanwhile, that's all from us here on AMERICAN MORNING.

Miles, nice to have you.

O'BRIEN: It was great pleasure dropping by. I may come back Monday.

COLLINS: I may come back Monday.

O'BRIEN: Depending, we'll see how the weather is. We'll see which way the wind blows, if you know what I mean.

COLLINS: Yes, I did know what you mean.

All right, Andy Serwer as well. Thanks so much Andy Borowitz. It was fabulous having, too.

SERWER: Well, it was fabulous being here.

COLLINS: All right, Daryn Kagan is standing by the CNN Center now to take you through the next few hours on "CNN LIVE TODAY."

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com