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American Morning

Sinclair Broadcasting to Show Anti-Kerry Film; Latest Developments in the Scott Peterson Murder Trial; Controversy Over Fallujah Air Strike

Aired October 12, 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.


HEIDI COLLINS, CNN ANCHOR: Sixty-two TV stations planning to broadcast an anti-John Kerry documentary two weeks before the election. But they'll have to fight the Democrats to do it.
An air strike in Iraq -- who was the target? The military explains a cockpit videotape that's caused controversy on the Internet for months.

And the other side of the story. The defense finally beginning its case in the Scott Peterson trial on this AMERICAN MORNING.

ANNOUNCER: From the CNN broadcast center in New York, this is AMERICAN MORNING with Bill Hemmer and Soledad O'Brien.

COLLINS: Good morning, everybody.

I'm Heidi Collins in for Soledad today.

BILL HEMMER, CNN ANCHOR: And I'm Bill Hemmer.

Good morning again to you.

COLLINS: Good morning.

HEMMER: That controversy continues over that anti-Kerry documentary just a day before the third presidential debate in Arizona. And right next door, John Kerry on the trail in New Mexico. We'll talk to the governor of New Mexico, Bill Richardson, in a moment, about that broadcast; and, also, the big question of Kerry's momentum in this campaign. We were just talking here in the studio. In 2000, Al Gore won New Mexico by 366 votes.

COLLINS: Three-hundred and sixty-six, yes.

HEMMER: You can't get much closer than that.

COLLINS: That's for sure.

Also this morning, Sanjay is back with us looking at a new use for Botox in breast reconstruction surgery. Plastic surgeons very interested in the possibilities and it's just one of the many new uses for Botox now being considered.

HEMMER: Also, Jack Cafferty, good morning.

JACK CAFFERTY, CNN CORRESPONDENT: I can't wait to see the old doc's report coming up here on the Botox.

HEMMER: Oh, yes. Just for you, baby.

CAFFERTY: Yes.

Coming up in "The Cafferty File," the Yankees wimp out over some who's your daddy T-shirts.

And a kid faces 30 days in jail in North Carolina after using the same word Dick Cheney used on the floor of the U.S. Senate while addressing his school teacher.

That's coming up in "The Cafferty File."

HEMMER: Thirty days?

That's a tough school.

CAFFERTY: Well, yes, I guess if it goes, you know? They've hired a lawyer and they're going to fight this.

COLLINS: Of course. Yes.

HEMMER: Thank you, Jack.

Also, straightaway to Kelly Wallace, looking at the other stories in the news at this hour -- Kelly, good morning to you.

KELLY WALLACE, CNN CORRESPONDENT: Good morning to you again.

Good morning, everyone.

We begin in Iraq, where a major operation now under way in the city of Ramadi. Just hours ago, American and Iraqi forces raided several mosques there. They were targeting insurgents believed to have been hiding out in the buildings. Military sources say the mosques were also used to store illegal weapons and insurgent propaganda.

A human rights group is challenging the United States' treatment of al Qaeda suspects. According to the group Human Rights Watch, at least 11 suspects are being held at undisclosed locations without access to their families or protection of the law. Among them is Khalid Shaikh Mohammed, considered a principle architect of the September 11 attacks. A CIA spokesman declined to comment on the report.

New Jersey's governor apparently has a new job lined up. According to reports, Governor James McGreevey will join the law firm of one of his political advisers after he resigns on November 15. No comment from the governor. McGreevey announced in August that he was gay, that he had an affair with a man and that he would be stepping down.

And finally, Houston, there is no problem anymore. The Houston Astros defeated the Atlanta Braves 12-3 last night to win their division playoffs. Houston will play the first game against the St. Louis Cardinals for the National League title on Wednesday.

Meanwhile, the Yankees and the Red Sox meet up tonight for the first game in their league championship series. I couldn't wait to tell that story. Lots of excitement here in New York City about that.

HEMMER: Yes, and for Astros fans, it only took us an hour to get to their game last night when they won the series so.

WALLACE: Exactly.

HEMMER: Thank you, Kelly.

WALLACE: All right.

HEMMER: The Democratic National Committee files a formal complaint today with the FEC, the Federal Election Commission, over an anti-Kerry documentary due to air before the election. The DNC chairman calls the plan by Sinclair Broadcasting pro-Bush propaganda.

We have that today to think about.

Also, new poll numbers to consider with Jennifer Millerwise, deputy communications director for the Bush team.

The president's approval rating in our lowest -- in our latest survey from the folks at Gallup shows the lowest rating since July at 47 percent.

Why is this number down, Jennifer?

JENNIFER MILLERWISE, SPOKESWOMAN, BUSH CAMPAIGN: Well, you know, it's really not a big surprise. We've always said that we thought as we got closer and closer to election day, things were going to narrow. So we've expected to be up in some polls, down in others, and that's really what you're seeing.

And, you know, the thing that we need to also look at is that in almost every one of these polls, the things that are really important people trust as president, whether it's sharing their values, believing he's the stronger leader or that he's the best person to fight the war on terror. And those are what are the really important key points in these.

HEMMER: If that's the case, then, what about domestic issues, which is the focus tomorrow night? In our poll, and we show Senator Kerry beating the president on healthcare, the environment, education. When it comes to the economy, 49 to 45 percent Senator Kerry beats George Bush at this point.

How does the president, then, reverse those numbers tomorrow night in Arizona?

MILLERWISE: Well, tomorrow is a great opportunity. This president has a real record when it comes to domestic policy. Let's not forget, this is the president who put the right pro-growth policies in place to get our economy moving again. He has passed Medicare reform, prescription drugs for our seniors, the No Child Left Behind Act.

We have a real record that we're excited to run on. And he also has a great vision for this future. He wants to build on these accomplishments. And I think that'll stand in stark contrast to John Kerry.

HEMMER: Has he been able to articulate that to this point in the first two debates, do you believe?

MILLERWISE: Yes, I think he sure did. I mean in the second debate he certainly did, that there was a good focus on domestic policy and he talked a lot and with a lot of passion about his plans. And, again, I think if you look at the big issues, I think the economy certainly on everyone's mind. John Kerry is proposing more litigation, more regulation, more taxation. That will not create a single job in this country.

When you look at healthcare, John Kerry is proposing a $1.5 trillion, trillion with a T, dollar healthcare plan. This is a bureaucratic government run healthcare plan he can't pay for.

HEMMER: Let me move away from the numbers for a second here.

Sinclair Broadcasting has affiliated stations in 62 different, rather, 62 stations across the country. It is ordering its stations in the next several weeks to air this documentary that is not flattering in any way toward Senator Kerry's service during Vietnam. Democrats are already saying this is an illegal, in kind contribution to the Bush campaign.

What do you say to that?

MILLERWISE: Well, I'm no lawyer and I haven't seen the film and was aware of it only through the headlines. And I think it's probably up to the individual broadcasting channels and stations what they want to do. So I think I'll leave this decision up to Sinclair.

HEMMER: Democrats will come back and say would you have the same reaction of "Fahrenheit 911," Michael Moore's film, was being shown?

MILLERWISE: Well, I think the American people remember quite well all that this president has had thrown at him. I mean if you look at the Michael Moore film, which was just filled with nothing but lies and hate. We've had this Kitty Kelly book that even attacked Mrs. Bush that was just more lies that came out very strategically, right around September. So we have certainly had a lot of things thrown at this president that I think have been very unfair.

But the fact is we're staying focused on the issues and we're going to keep talking about his vision for the future.

HEMMER: Jennifer Millerwise for the Bush team.

In a moment here, we'll talk to Bill Richardson, the governor of New Mexico, about the upcoming debate and also some of the very issues we just discussed there. Another reminder for you, next hour, in fact, in 30 minutes from now, Mark Hyman is the vice president of Sinclair Broadcasting. He'll be my guest here on AMERICAN MORNING. Then tomorrow night, 7:00 Eastern time, our primetime coverage begins from the American Southwest, debate number three, the third and final one in Campaign 2004 -- Heidi.

COLLINS: Now to the Scott Peterson trial.

It's show time for Peterson's attorney, Mark Geragos, as the defense at long last begins its case today.

CNN's Rusty Dornin live in Redwood City, California now with a look ahead -- Rusty, good morning.

RUSTY DORNIN, CNN CORRESPONDENT: Good morning, Heidi.

Well, during the entire prosecution case over the last four months, the defense team and Mark Geragos has been able to bring out his own theories of how Laci Peterson was abducted and perhaps thrown into the bay to frame his client, Scott Peterson. He alludes to dark- skinned men and vans and transients in the park and that sort of thing.

Are we going to hear about what he calls the real killers during the presentation in his case? Analysts say not likely. In this case, it's going to be stick to the facts and the experts.

(BEGIN VIDEOTAPE)

(voice-over): Expectations abound on what the defense will do in the Scott Peterson case. While his attorney, Mark Geragos, promised in the beginning to smoke out the real killer, legal analysts here say it's not Perry Mason and don't expect that be his strategy.

DEAN JOHNSON, LEGAL ANALYST: I don't think we're going to hear Mark Geragos even trying to solve the murder of Laci Peterson. Ultimately, this will be a battle of the experts.

DORNIN: Experts like Dr. Henry Lee, the famed criminalist. He examined the remains of Laci Peterson and her unborn son, Conner, last year. The primary focus of the experts is likely to be the age of the fetus.

JOHNSON: They need to convince this jury that Conner Peterson lived past December 24. If they can show that, if they can convince the jury of that, then they can argue to this jury, look, Scott Peterson could not have done it.

DORNIN: Prosecutors tried to portray Peterson as a fugitive attempting to elude police and changing his appearance. The defense claims he was eluding the media and possibly others.

MICHAEL CARDOZA, TRIAL ATTORNEY: I know that Geragos has a stack of letters threatening Scott's life. I would assume in the defense portion of the case they will put that on to explain why Scott changed his appearance.

DORNIN: Speaking of appearances, CNN has learned that Peterson will not make one on the stand. Sources close to the case say the defense had considered calling him as a witness, but decided against it.

(END VIDEOTAPE)

(on camera): Voted most likely to happen this morning, defense attorney Mark Geragos asking the judge to dismiss the case of insufficient evidence. The judge is expected to dismiss that. His case is expected to take about six or eight days. So it could wrap up by the end of next week -- Heidi.

COLLINS: Wow, that sounds pretty quick, Rusty.

Also, you know, in mentioning that Scott Peterson will not take the stand, the jury was actually told not to hold that against him, like they're not allowed to, you know, to hold that against him, according to the judge, correct?

DORNIN: That's right. As in any case, Heidi, even if the defense decided not to put on any kind of a case at all -- in fact, that was a big speculation going around a few weeks ago, that Mark Geragos was just going to rest after the prosecution rested its case. The defense does not have to put on any case. They still have -- it's still, you know, innocent until proven guilty. And that's the way the jury is supposed to see it.

So, he could do anything.

COLLINS: All right, six to seven days from now maybe it will all be wrapped up.

Rusty Dornin, thanks so much for that this morning -- Bill.

HEMMER: Heidi, a cockpit videotape from an F-16 has been circulating on the Internet now for months. It shows a deadly U.S. air strike against a group of people on the streets of Fallujah. The big question in this story, though, were they insurgents on the ground or just civilians?

There is a warning before we run this story now. The unauthorized videotape is graphic from the air.

CNN's senior Pentagon correspondent Jamie McIntyre has this this morning.

(BEGIN VIDEOTAPE)

JAMIE MCINTYRE, CNN SENIOR PENTAGON CORRESPONDENT (voice-over): Saturday, April 10, capped a bloody week in Fallujah. Hundreds of Iraqis were killed by U.S. Marines, who were still pushing into the insurgent stronghold, even as members of Iraq's Governing Council were negotiating a cease-fire. U.S. Air Force F-16s dropped more bombs in support of the Marine offensive that Saturday than on any day that week.

A cockpit video of one such engagement, never officially released, has circulated on the Internet for months. CNN has confirmed it's authentic. The 53-second clip provides a rare look at how the U.S. uses what it calls "precision air strikes" in urban areas to support ground operations.

UNIDENTIFIED MALE: I've got numerous individuals on the road. You want me to take those out?

UNIDENTIFIED MALE: Take 'em out.

MCINTYRE: According to a U.S. military account, the order to "take them out" is from a forward air controller on the ground with the Marines, whose job is to confirm the targets are hostile before calling in the bombs. The original target was said to be a nearby building, where Marines had been trading fire with the insurgents before they allegedly fled into the street.

UNIDENTIFIED MALE: Ten seconds.

UNIDENTIFIED MALE: Roger.

MCINTYRE: The U.S. says the ground controller could see the situation before he cleared the pilot to drop a 500-pound bomb.

UNIDENTIFIED MALE: Impact. Oh, dude.

MCINTYRE: Experts who have reviewed the tape at CNN's request say whether the strike was legitimate hinges entirely on whether the controller was right.

JAMES CARAFANO, MILITARY LAW ANALYST: And the challenge there is for the guy who has his eye on the target, it's his responsibility to identify the target to the aircraft.

LT. GEN. ROBERT GARD (RET.), U.S. ARMY, INTERNATIONAL SECURITY CONSULTANT: My first reaction to it was I wondered where the air controller was and whether he could identify that as a group of insurgents, or whether he was somewhere remote from that area and didn't know for sure.

MCINTYRE: In an interview with Channel 4 Television in the U.K., a doctor who says he was at the hospital in Fallujah in April claimed the dead were innocent civilians. At the time, fierce fighting across Fallujah was filling the local hospital with numerous casualties, including women and children. And some wonder whether it's logical for insurgents to move in a large group that would make them vulnerable to air strikes.

GARD: The only questionable thing is whether or not well- disciplined and competent insurgents would pour out of a building onto a wide street without any cover. On the other hand, we do know that there are a number of insurgents who are poorly trained, who out of anger or frustration have taken up arms, and it's quite possible that they were insurgents. MCINTYRE (on camera): Even the most precise air strikes can result in unintended civilian casualties. But the U.S. military insists this strike was by the book and carefully followed rules designed to minimize the risk of innocent lives.

Jamie McIntyre, CNN, the Pentagon.

(END VIDEOTAPE)

HEMMER: Also, just today the U.S. military says American air strikes have destroyed a suspect terrorist safe house in Fallujah that they say has been used by the Abu Musab al-Zarqawi terrorist network.

COLLINS: And still to come this morning, we're "Paging Dr. Gupta" about a possible new use for Botox involving women who've had mastectomies. Sanjay will explain that.

HEMMER: And in a moment here, the incredible lengths one man reportedly went to in order to save his own marriage. The problem is he's in trouble with the law.

And as promised, Bill Richardson our guest here. The Democratic response in a moment, live in New Mexico, after this.

(COMMERCIAL BREAK)

HEMMER: Welcome back, everyone.

It's 17 minutes past the hour.

Back to this campaign now.

Three weeks and counting to the day, 21 days from now to November 2, and both candidates now stumping out West in advance of tomorrow night's debate, the final debate in Tempe, Arizona. President Bush and Senator Kerry campaigning in New Mexico yesterday.

And the governor, Bill Richardson, my guest now.

Governor, welcome back and good morning to you.

GOV. BILL RICHARDSON (D), NEW MEXICO: Good morning, Bill.

HEMMER: We have some fresh new numbers from the folks at Gallup that show us what's happening in your state. According to our polling, President Bush, among likely voters, has a slight lead, about 3 points, 50 percent to 47 percent over Senator Kerry.

If we go back to 2000, Al Gore won your state by 366 votes. It doesn't get much closer than that.

What has changed in your state over the past four years that may impact this election now?

RICHARDSON: Well, two factors. One, a dramatic increase in Hispanic and Native American voters that my organization and others have registered, which will likely go Democratic.

And then secondly, as a governor, I have a very strong organization that we're going to put to use for Senator Kerry that didn't exist four years ago.

It's going to be very close here. Ralph Nader is on the ballot. He got 6 percent four years ago. He won't be as strong this time, but he will be a factor.

It'll go down to the wire, but my prediction is that with a strong turnout of our base, especially these new Hispanic and Indian voters, that we'll carry New Mexico for Senator Kerry.

HEMMER: Governor, tomorrow night you know the issue will focus on domestic policy. Back on the poll numbers again, we asked those in our polling who you believe would raise your taxes. John Kerry checked in at 53 percent compared to George Bush's 37.

Can Senator Kerry win on this issue?

RICHARDSON: No. Democrats cannot win on that issue. But we can win on all the other domestic issues -- healthcare, education, job creation, outsourcing. I think we're increasing our strength in domestic security issues and foreign policy. But on the tax issue, this is all you're going to see in the next two to three weeks, that Senator Kerry will raise taxes, when, in effect, he's proposing a middle class tax cut and he has a tax cut for 98 percent of the American people.

So this last two weeks you're going to see some very, very strong distortions of his record and it'll probably start at the debate in Arizona.

HEMMER: Well, let me get to this other issue about Sinclair Broadcasting that's getting a lot of attention today.

What is wrong with these television stations airing this a few weeks before the election?

RICHARDSON: Well, it's beyond the pale, Bill. What you have here is a blatant abuse of the air waves. You have a blatant misuse of corporate funds to influence an election two to three weeks before the vote. You have somebody that owns the station that is ideologically committed to the other side, commercial-free. It doesn't compare to "Fahrenheit 911." That's Pay-Per-View. That, you can -- you have a choice of viewing it. Viewers have no choice in these huge number of stations. So it's a blatant misuse...

HEMMER: You haven't seen this film, though, right? Just to be clear.

RICHARDSON: No, I haven't seen it. But I can tell you it's not a plus for Senator Kerry. It's a biased film and it's a blatant misuse of the air waves...

HEMMER: Now, Sinclair, governor, has said they've invited Senator Kerry to come on and defend himself afterwards.

Would you advise him to go ahead and do that, set the record straight?

RICHARDSON: No, I wouldn't. No, I wouldn't. I mean this is such a -- it is so beyond the pale that I don't see how the FCC, if it was doing its proper oversight role, and even though they can barely make decisions, that they summon the five commissioners, take a look at this, an issue or ruling that says this has to go off the airwaves. This is so blatant two weeks before an election.

HEMMER: Governor Richardson, thanks for your time in New Mexico.

RICHARDSON: Thank you.

HEMMER: We're going to continue this topic in a few moments here.

Mark Hyman is the vice president of Sinclair Broadcasting Group. We'll talk to him in a matter of moments here.

Also, one more reminder, the debate, the third and final one, set for tomorrow night in Tempe, Arizona. Our primetime coverage starts at 7:00 Eastern here on CNN -- now to Heidi with more.

COLLINS: Yaser Hamdi, the first person designated as an enemy combatant in the war on terror, now being questioned by Saudi authorities. Hamdi was released from the U.S. Naval base in Charleston yesterday. As part of his release, Hamdi cannot travel to countries, including Iraq and Afghanistan.

Hamdi's lawyer, who spoke with Hamdi after his arrival in Riyadh yesterday, says he isn't going anywhere.

(BEGIN VIDEO CLIP)

FRANK DUNHAM, ATTORNEY FOR YASER HAMDI: He traveled to Afghanistan, almost got killed, got locked up, got three years solitary confinement. Believe me, he doesn't want to go back to Afghanistan or to Iraq or to any of the places where they say he can't go.

(END VIDEO CLIP)

COLLINS: Saudi authorities say Hamdi currently does not face any charges there.

HEMMER: We'll get a break.

Here in a moment on AMERICAN MORNING, known for soothing wrinkles, Botox could offer new help for women after mastectomies. We'll page the good doctor on that in a moment.

Also, back with Jack after this.

(COMMERCIAL BREAK) HEMMER: A reminder for you, we'll be on the lake starting Monday. All next week, in fact, AMERICAN MORNING wakes up in Chicago. Soledad is back, as a matter of fact, too, on Monday. It's going to be a big week in the Windy City, talking with the politicians there and also the business leaders and the artists about key city issues and, of course, the upcoming election.

We'll be at right about the two-and-a-half week mark starting on Monday morning. All week next week on the road in Chicago. And I, for one, cannot wait to take a road trip with Jack Cafferty.

CAFFERTY: Isn't Chicago like an hour earlier than we are here?

HEMMER: That's correct.

COLLINS: Indeed.

HEMMER: Yes.

CAFFERTY: So that means instead of getting up at quarter to four in the morning, I have to get up at quarter to three in the morning?

HEMMER: Right.

Or you can just keep your attach on Eastern time and that works, too.

CAFFERTY: But you still have to get up at quarter to three to make a show that starts at 6:00.

HEMMER: It's all right here, baby.

CAFFERTY: This could mess with my biorhythms. This could.

COLLINS: It could mess with a lot.

CAFFERTY: This could alter my...

HEMMER: You know, you may start drinking coffee again.

CAFFERTY: ... alter my otherwise consistently rosy outlook on life.

COLLINS: Exactly.

CAFFERTY: Huh?

COLLINS: Yes. (INAUDIBLE).

CAFFERTY: I drink coffee. I drink one cup of coffee a day.

HEMMER: Yes?

CAFFERTY: Yes. Nobody cares about that.

Yesterday, the International Atomic Energy Agency reported to the U.N. Security Council that equipment and materials that could be used to make nuclear weapons disappearing from Iraq. Entire buildings full of this stuff apparently vanishing. Nobody knows where they are, who took them. They're just gone.

Anyway, the candidates, of course, are diametrically opposed on this whole issue of going to war with Iraq.

That's the question, is the United States safer or more vulnerable as a result of going to war with Iraq?

Eric in Chicago, where we'll be next week, and we'll have to get up much earlier than we're used to: "Since the Bush invasion, Iran and North Korea have rushed to get more nukes. Our ports, airports and hospitals are not getting the money that they need to secure America. We were vulnerable before September 11, but didn't know it. Under President Bush, we know it and we've squandered time, money and lives in ways that have weakened the country."

Marilyn writes: "I feel that we are much safer now that we are fighting the war in Iraq. I do not feel so confident, though, that I would not be surprised to see another attack here in the United States."

Teresa in Boston writes: "Not only has Iraq become a focal point of terrorism and a perfect training ground, but hatred around the world for Americans has been hugely increased."

Theresa in Blakeslee, Pennsylvania: "Of course we're safer. We got Cat Stevens, didn't we?"

HEMMER: Morning has broken.

CAFFERTY: Yes.

Are you going to like take the staff to dinner and stuff in Chicago? You know, reach into that pocket full of money that you have.

HEMMER: You know, I think that's a great idea, actually.

CAFFERTY: Yes.

HEMMER: Pending your treatment of me in Chicago, by the way.

CAFFERTY: My treatment of you in Chicago will be the same as it is here -- reverence, admiration and a deep sense of respect.

HEMMER: Then you've got dinner, baby.

CAFFERTY: There you go, see. That was -- that worked pretty well.

COLLINS: I am so staying out of this.

Still ahead on AMERICAN MORNING, John Kerry blasts the president on jobs and healthcare. But a new issue may provide him even more momentum. That's next on AMERICAN MORNING.

(COMMERCIAL BREAK)

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Aired October 12, 2004 - 08:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
HEIDI COLLINS, CNN ANCHOR: Sixty-two TV stations planning to broadcast an anti-John Kerry documentary two weeks before the election. But they'll have to fight the Democrats to do it.
An air strike in Iraq -- who was the target? The military explains a cockpit videotape that's caused controversy on the Internet for months.

And the other side of the story. The defense finally beginning its case in the Scott Peterson trial on this AMERICAN MORNING.

ANNOUNCER: From the CNN broadcast center in New York, this is AMERICAN MORNING with Bill Hemmer and Soledad O'Brien.

COLLINS: Good morning, everybody.

I'm Heidi Collins in for Soledad today.

BILL HEMMER, CNN ANCHOR: And I'm Bill Hemmer.

Good morning again to you.

COLLINS: Good morning.

HEMMER: That controversy continues over that anti-Kerry documentary just a day before the third presidential debate in Arizona. And right next door, John Kerry on the trail in New Mexico. We'll talk to the governor of New Mexico, Bill Richardson, in a moment, about that broadcast; and, also, the big question of Kerry's momentum in this campaign. We were just talking here in the studio. In 2000, Al Gore won New Mexico by 366 votes.

COLLINS: Three-hundred and sixty-six, yes.

HEMMER: You can't get much closer than that.

COLLINS: That's for sure.

Also this morning, Sanjay is back with us looking at a new use for Botox in breast reconstruction surgery. Plastic surgeons very interested in the possibilities and it's just one of the many new uses for Botox now being considered.

HEMMER: Also, Jack Cafferty, good morning.

JACK CAFFERTY, CNN CORRESPONDENT: I can't wait to see the old doc's report coming up here on the Botox.

HEMMER: Oh, yes. Just for you, baby.

CAFFERTY: Yes.

Coming up in "The Cafferty File," the Yankees wimp out over some who's your daddy T-shirts.

And a kid faces 30 days in jail in North Carolina after using the same word Dick Cheney used on the floor of the U.S. Senate while addressing his school teacher.

That's coming up in "The Cafferty File."

HEMMER: Thirty days?

That's a tough school.

CAFFERTY: Well, yes, I guess if it goes, you know? They've hired a lawyer and they're going to fight this.

COLLINS: Of course. Yes.

HEMMER: Thank you, Jack.

Also, straightaway to Kelly Wallace, looking at the other stories in the news at this hour -- Kelly, good morning to you.

KELLY WALLACE, CNN CORRESPONDENT: Good morning to you again.

Good morning, everyone.

We begin in Iraq, where a major operation now under way in the city of Ramadi. Just hours ago, American and Iraqi forces raided several mosques there. They were targeting insurgents believed to have been hiding out in the buildings. Military sources say the mosques were also used to store illegal weapons and insurgent propaganda.

A human rights group is challenging the United States' treatment of al Qaeda suspects. According to the group Human Rights Watch, at least 11 suspects are being held at undisclosed locations without access to their families or protection of the law. Among them is Khalid Shaikh Mohammed, considered a principle architect of the September 11 attacks. A CIA spokesman declined to comment on the report.

New Jersey's governor apparently has a new job lined up. According to reports, Governor James McGreevey will join the law firm of one of his political advisers after he resigns on November 15. No comment from the governor. McGreevey announced in August that he was gay, that he had an affair with a man and that he would be stepping down.

And finally, Houston, there is no problem anymore. The Houston Astros defeated the Atlanta Braves 12-3 last night to win their division playoffs. Houston will play the first game against the St. Louis Cardinals for the National League title on Wednesday.

Meanwhile, the Yankees and the Red Sox meet up tonight for the first game in their league championship series. I couldn't wait to tell that story. Lots of excitement here in New York City about that.

HEMMER: Yes, and for Astros fans, it only took us an hour to get to their game last night when they won the series so.

WALLACE: Exactly.

HEMMER: Thank you, Kelly.

WALLACE: All right.

HEMMER: The Democratic National Committee files a formal complaint today with the FEC, the Federal Election Commission, over an anti-Kerry documentary due to air before the election. The DNC chairman calls the plan by Sinclair Broadcasting pro-Bush propaganda.

We have that today to think about.

Also, new poll numbers to consider with Jennifer Millerwise, deputy communications director for the Bush team.

The president's approval rating in our lowest -- in our latest survey from the folks at Gallup shows the lowest rating since July at 47 percent.

Why is this number down, Jennifer?

JENNIFER MILLERWISE, SPOKESWOMAN, BUSH CAMPAIGN: Well, you know, it's really not a big surprise. We've always said that we thought as we got closer and closer to election day, things were going to narrow. So we've expected to be up in some polls, down in others, and that's really what you're seeing.

And, you know, the thing that we need to also look at is that in almost every one of these polls, the things that are really important people trust as president, whether it's sharing their values, believing he's the stronger leader or that he's the best person to fight the war on terror. And those are what are the really important key points in these.

HEMMER: If that's the case, then, what about domestic issues, which is the focus tomorrow night? In our poll, and we show Senator Kerry beating the president on healthcare, the environment, education. When it comes to the economy, 49 to 45 percent Senator Kerry beats George Bush at this point.

How does the president, then, reverse those numbers tomorrow night in Arizona?

MILLERWISE: Well, tomorrow is a great opportunity. This president has a real record when it comes to domestic policy. Let's not forget, this is the president who put the right pro-growth policies in place to get our economy moving again. He has passed Medicare reform, prescription drugs for our seniors, the No Child Left Behind Act.

We have a real record that we're excited to run on. And he also has a great vision for this future. He wants to build on these accomplishments. And I think that'll stand in stark contrast to John Kerry.

HEMMER: Has he been able to articulate that to this point in the first two debates, do you believe?

MILLERWISE: Yes, I think he sure did. I mean in the second debate he certainly did, that there was a good focus on domestic policy and he talked a lot and with a lot of passion about his plans. And, again, I think if you look at the big issues, I think the economy certainly on everyone's mind. John Kerry is proposing more litigation, more regulation, more taxation. That will not create a single job in this country.

When you look at healthcare, John Kerry is proposing a $1.5 trillion, trillion with a T, dollar healthcare plan. This is a bureaucratic government run healthcare plan he can't pay for.

HEMMER: Let me move away from the numbers for a second here.

Sinclair Broadcasting has affiliated stations in 62 different, rather, 62 stations across the country. It is ordering its stations in the next several weeks to air this documentary that is not flattering in any way toward Senator Kerry's service during Vietnam. Democrats are already saying this is an illegal, in kind contribution to the Bush campaign.

What do you say to that?

MILLERWISE: Well, I'm no lawyer and I haven't seen the film and was aware of it only through the headlines. And I think it's probably up to the individual broadcasting channels and stations what they want to do. So I think I'll leave this decision up to Sinclair.

HEMMER: Democrats will come back and say would you have the same reaction of "Fahrenheit 911," Michael Moore's film, was being shown?

MILLERWISE: Well, I think the American people remember quite well all that this president has had thrown at him. I mean if you look at the Michael Moore film, which was just filled with nothing but lies and hate. We've had this Kitty Kelly book that even attacked Mrs. Bush that was just more lies that came out very strategically, right around September. So we have certainly had a lot of things thrown at this president that I think have been very unfair.

But the fact is we're staying focused on the issues and we're going to keep talking about his vision for the future.

HEMMER: Jennifer Millerwise for the Bush team.

In a moment here, we'll talk to Bill Richardson, the governor of New Mexico, about the upcoming debate and also some of the very issues we just discussed there. Another reminder for you, next hour, in fact, in 30 minutes from now, Mark Hyman is the vice president of Sinclair Broadcasting. He'll be my guest here on AMERICAN MORNING. Then tomorrow night, 7:00 Eastern time, our primetime coverage begins from the American Southwest, debate number three, the third and final one in Campaign 2004 -- Heidi.

COLLINS: Now to the Scott Peterson trial.

It's show time for Peterson's attorney, Mark Geragos, as the defense at long last begins its case today.

CNN's Rusty Dornin live in Redwood City, California now with a look ahead -- Rusty, good morning.

RUSTY DORNIN, CNN CORRESPONDENT: Good morning, Heidi.

Well, during the entire prosecution case over the last four months, the defense team and Mark Geragos has been able to bring out his own theories of how Laci Peterson was abducted and perhaps thrown into the bay to frame his client, Scott Peterson. He alludes to dark- skinned men and vans and transients in the park and that sort of thing.

Are we going to hear about what he calls the real killers during the presentation in his case? Analysts say not likely. In this case, it's going to be stick to the facts and the experts.

(BEGIN VIDEOTAPE)

(voice-over): Expectations abound on what the defense will do in the Scott Peterson case. While his attorney, Mark Geragos, promised in the beginning to smoke out the real killer, legal analysts here say it's not Perry Mason and don't expect that be his strategy.

DEAN JOHNSON, LEGAL ANALYST: I don't think we're going to hear Mark Geragos even trying to solve the murder of Laci Peterson. Ultimately, this will be a battle of the experts.

DORNIN: Experts like Dr. Henry Lee, the famed criminalist. He examined the remains of Laci Peterson and her unborn son, Conner, last year. The primary focus of the experts is likely to be the age of the fetus.

JOHNSON: They need to convince this jury that Conner Peterson lived past December 24. If they can show that, if they can convince the jury of that, then they can argue to this jury, look, Scott Peterson could not have done it.

DORNIN: Prosecutors tried to portray Peterson as a fugitive attempting to elude police and changing his appearance. The defense claims he was eluding the media and possibly others.

MICHAEL CARDOZA, TRIAL ATTORNEY: I know that Geragos has a stack of letters threatening Scott's life. I would assume in the defense portion of the case they will put that on to explain why Scott changed his appearance.

DORNIN: Speaking of appearances, CNN has learned that Peterson will not make one on the stand. Sources close to the case say the defense had considered calling him as a witness, but decided against it.

(END VIDEOTAPE)

(on camera): Voted most likely to happen this morning, defense attorney Mark Geragos asking the judge to dismiss the case of insufficient evidence. The judge is expected to dismiss that. His case is expected to take about six or eight days. So it could wrap up by the end of next week -- Heidi.

COLLINS: Wow, that sounds pretty quick, Rusty.

Also, you know, in mentioning that Scott Peterson will not take the stand, the jury was actually told not to hold that against him, like they're not allowed to, you know, to hold that against him, according to the judge, correct?

DORNIN: That's right. As in any case, Heidi, even if the defense decided not to put on any kind of a case at all -- in fact, that was a big speculation going around a few weeks ago, that Mark Geragos was just going to rest after the prosecution rested its case. The defense does not have to put on any case. They still have -- it's still, you know, innocent until proven guilty. And that's the way the jury is supposed to see it.

So, he could do anything.

COLLINS: All right, six to seven days from now maybe it will all be wrapped up.

Rusty Dornin, thanks so much for that this morning -- Bill.

HEMMER: Heidi, a cockpit videotape from an F-16 has been circulating on the Internet now for months. It shows a deadly U.S. air strike against a group of people on the streets of Fallujah. The big question in this story, though, were they insurgents on the ground or just civilians?

There is a warning before we run this story now. The unauthorized videotape is graphic from the air.

CNN's senior Pentagon correspondent Jamie McIntyre has this this morning.

(BEGIN VIDEOTAPE)

JAMIE MCINTYRE, CNN SENIOR PENTAGON CORRESPONDENT (voice-over): Saturday, April 10, capped a bloody week in Fallujah. Hundreds of Iraqis were killed by U.S. Marines, who were still pushing into the insurgent stronghold, even as members of Iraq's Governing Council were negotiating a cease-fire. U.S. Air Force F-16s dropped more bombs in support of the Marine offensive that Saturday than on any day that week.

A cockpit video of one such engagement, never officially released, has circulated on the Internet for months. CNN has confirmed it's authentic. The 53-second clip provides a rare look at how the U.S. uses what it calls "precision air strikes" in urban areas to support ground operations.

UNIDENTIFIED MALE: I've got numerous individuals on the road. You want me to take those out?

UNIDENTIFIED MALE: Take 'em out.

MCINTYRE: According to a U.S. military account, the order to "take them out" is from a forward air controller on the ground with the Marines, whose job is to confirm the targets are hostile before calling in the bombs. The original target was said to be a nearby building, where Marines had been trading fire with the insurgents before they allegedly fled into the street.

UNIDENTIFIED MALE: Ten seconds.

UNIDENTIFIED MALE: Roger.

MCINTYRE: The U.S. says the ground controller could see the situation before he cleared the pilot to drop a 500-pound bomb.

UNIDENTIFIED MALE: Impact. Oh, dude.

MCINTYRE: Experts who have reviewed the tape at CNN's request say whether the strike was legitimate hinges entirely on whether the controller was right.

JAMES CARAFANO, MILITARY LAW ANALYST: And the challenge there is for the guy who has his eye on the target, it's his responsibility to identify the target to the aircraft.

LT. GEN. ROBERT GARD (RET.), U.S. ARMY, INTERNATIONAL SECURITY CONSULTANT: My first reaction to it was I wondered where the air controller was and whether he could identify that as a group of insurgents, or whether he was somewhere remote from that area and didn't know for sure.

MCINTYRE: In an interview with Channel 4 Television in the U.K., a doctor who says he was at the hospital in Fallujah in April claimed the dead were innocent civilians. At the time, fierce fighting across Fallujah was filling the local hospital with numerous casualties, including women and children. And some wonder whether it's logical for insurgents to move in a large group that would make them vulnerable to air strikes.

GARD: The only questionable thing is whether or not well- disciplined and competent insurgents would pour out of a building onto a wide street without any cover. On the other hand, we do know that there are a number of insurgents who are poorly trained, who out of anger or frustration have taken up arms, and it's quite possible that they were insurgents. MCINTYRE (on camera): Even the most precise air strikes can result in unintended civilian casualties. But the U.S. military insists this strike was by the book and carefully followed rules designed to minimize the risk of innocent lives.

Jamie McIntyre, CNN, the Pentagon.

(END VIDEOTAPE)

HEMMER: Also, just today the U.S. military says American air strikes have destroyed a suspect terrorist safe house in Fallujah that they say has been used by the Abu Musab al-Zarqawi terrorist network.

COLLINS: And still to come this morning, we're "Paging Dr. Gupta" about a possible new use for Botox involving women who've had mastectomies. Sanjay will explain that.

HEMMER: And in a moment here, the incredible lengths one man reportedly went to in order to save his own marriage. The problem is he's in trouble with the law.

And as promised, Bill Richardson our guest here. The Democratic response in a moment, live in New Mexico, after this.

(COMMERCIAL BREAK)

HEMMER: Welcome back, everyone.

It's 17 minutes past the hour.

Back to this campaign now.

Three weeks and counting to the day, 21 days from now to November 2, and both candidates now stumping out West in advance of tomorrow night's debate, the final debate in Tempe, Arizona. President Bush and Senator Kerry campaigning in New Mexico yesterday.

And the governor, Bill Richardson, my guest now.

Governor, welcome back and good morning to you.

GOV. BILL RICHARDSON (D), NEW MEXICO: Good morning, Bill.

HEMMER: We have some fresh new numbers from the folks at Gallup that show us what's happening in your state. According to our polling, President Bush, among likely voters, has a slight lead, about 3 points, 50 percent to 47 percent over Senator Kerry.

If we go back to 2000, Al Gore won your state by 366 votes. It doesn't get much closer than that.

What has changed in your state over the past four years that may impact this election now?

RICHARDSON: Well, two factors. One, a dramatic increase in Hispanic and Native American voters that my organization and others have registered, which will likely go Democratic.

And then secondly, as a governor, I have a very strong organization that we're going to put to use for Senator Kerry that didn't exist four years ago.

It's going to be very close here. Ralph Nader is on the ballot. He got 6 percent four years ago. He won't be as strong this time, but he will be a factor.

It'll go down to the wire, but my prediction is that with a strong turnout of our base, especially these new Hispanic and Indian voters, that we'll carry New Mexico for Senator Kerry.

HEMMER: Governor, tomorrow night you know the issue will focus on domestic policy. Back on the poll numbers again, we asked those in our polling who you believe would raise your taxes. John Kerry checked in at 53 percent compared to George Bush's 37.

Can Senator Kerry win on this issue?

RICHARDSON: No. Democrats cannot win on that issue. But we can win on all the other domestic issues -- healthcare, education, job creation, outsourcing. I think we're increasing our strength in domestic security issues and foreign policy. But on the tax issue, this is all you're going to see in the next two to three weeks, that Senator Kerry will raise taxes, when, in effect, he's proposing a middle class tax cut and he has a tax cut for 98 percent of the American people.

So this last two weeks you're going to see some very, very strong distortions of his record and it'll probably start at the debate in Arizona.

HEMMER: Well, let me get to this other issue about Sinclair Broadcasting that's getting a lot of attention today.

What is wrong with these television stations airing this a few weeks before the election?

RICHARDSON: Well, it's beyond the pale, Bill. What you have here is a blatant abuse of the air waves. You have a blatant misuse of corporate funds to influence an election two to three weeks before the vote. You have somebody that owns the station that is ideologically committed to the other side, commercial-free. It doesn't compare to "Fahrenheit 911." That's Pay-Per-View. That, you can -- you have a choice of viewing it. Viewers have no choice in these huge number of stations. So it's a blatant misuse...

HEMMER: You haven't seen this film, though, right? Just to be clear.

RICHARDSON: No, I haven't seen it. But I can tell you it's not a plus for Senator Kerry. It's a biased film and it's a blatant misuse of the air waves...

HEMMER: Now, Sinclair, governor, has said they've invited Senator Kerry to come on and defend himself afterwards.

Would you advise him to go ahead and do that, set the record straight?

RICHARDSON: No, I wouldn't. No, I wouldn't. I mean this is such a -- it is so beyond the pale that I don't see how the FCC, if it was doing its proper oversight role, and even though they can barely make decisions, that they summon the five commissioners, take a look at this, an issue or ruling that says this has to go off the airwaves. This is so blatant two weeks before an election.

HEMMER: Governor Richardson, thanks for your time in New Mexico.

RICHARDSON: Thank you.

HEMMER: We're going to continue this topic in a few moments here.

Mark Hyman is the vice president of Sinclair Broadcasting Group. We'll talk to him in a matter of moments here.

Also, one more reminder, the debate, the third and final one, set for tomorrow night in Tempe, Arizona. Our primetime coverage starts at 7:00 Eastern here on CNN -- now to Heidi with more.

COLLINS: Yaser Hamdi, the first person designated as an enemy combatant in the war on terror, now being questioned by Saudi authorities. Hamdi was released from the U.S. Naval base in Charleston yesterday. As part of his release, Hamdi cannot travel to countries, including Iraq and Afghanistan.

Hamdi's lawyer, who spoke with Hamdi after his arrival in Riyadh yesterday, says he isn't going anywhere.

(BEGIN VIDEO CLIP)

FRANK DUNHAM, ATTORNEY FOR YASER HAMDI: He traveled to Afghanistan, almost got killed, got locked up, got three years solitary confinement. Believe me, he doesn't want to go back to Afghanistan or to Iraq or to any of the places where they say he can't go.

(END VIDEO CLIP)

COLLINS: Saudi authorities say Hamdi currently does not face any charges there.

HEMMER: We'll get a break.

Here in a moment on AMERICAN MORNING, known for soothing wrinkles, Botox could offer new help for women after mastectomies. We'll page the good doctor on that in a moment.

Also, back with Jack after this.

(COMMERCIAL BREAK) HEMMER: A reminder for you, we'll be on the lake starting Monday. All next week, in fact, AMERICAN MORNING wakes up in Chicago. Soledad is back, as a matter of fact, too, on Monday. It's going to be a big week in the Windy City, talking with the politicians there and also the business leaders and the artists about key city issues and, of course, the upcoming election.

We'll be at right about the two-and-a-half week mark starting on Monday morning. All week next week on the road in Chicago. And I, for one, cannot wait to take a road trip with Jack Cafferty.

CAFFERTY: Isn't Chicago like an hour earlier than we are here?

HEMMER: That's correct.

COLLINS: Indeed.

HEMMER: Yes.

CAFFERTY: So that means instead of getting up at quarter to four in the morning, I have to get up at quarter to three in the morning?

HEMMER: Right.

Or you can just keep your attach on Eastern time and that works, too.

CAFFERTY: But you still have to get up at quarter to three to make a show that starts at 6:00.

HEMMER: It's all right here, baby.

CAFFERTY: This could mess with my biorhythms. This could.

COLLINS: It could mess with a lot.

CAFFERTY: This could alter my...

HEMMER: You know, you may start drinking coffee again.

CAFFERTY: ... alter my otherwise consistently rosy outlook on life.

COLLINS: Exactly.

CAFFERTY: Huh?

COLLINS: Yes. (INAUDIBLE).

CAFFERTY: I drink coffee. I drink one cup of coffee a day.

HEMMER: Yes?

CAFFERTY: Yes. Nobody cares about that.

Yesterday, the International Atomic Energy Agency reported to the U.N. Security Council that equipment and materials that could be used to make nuclear weapons disappearing from Iraq. Entire buildings full of this stuff apparently vanishing. Nobody knows where they are, who took them. They're just gone.

Anyway, the candidates, of course, are diametrically opposed on this whole issue of going to war with Iraq.

That's the question, is the United States safer or more vulnerable as a result of going to war with Iraq?

Eric in Chicago, where we'll be next week, and we'll have to get up much earlier than we're used to: "Since the Bush invasion, Iran and North Korea have rushed to get more nukes. Our ports, airports and hospitals are not getting the money that they need to secure America. We were vulnerable before September 11, but didn't know it. Under President Bush, we know it and we've squandered time, money and lives in ways that have weakened the country."

Marilyn writes: "I feel that we are much safer now that we are fighting the war in Iraq. I do not feel so confident, though, that I would not be surprised to see another attack here in the United States."

Teresa in Boston writes: "Not only has Iraq become a focal point of terrorism and a perfect training ground, but hatred around the world for Americans has been hugely increased."

Theresa in Blakeslee, Pennsylvania: "Of course we're safer. We got Cat Stevens, didn't we?"

HEMMER: Morning has broken.

CAFFERTY: Yes.

Are you going to like take the staff to dinner and stuff in Chicago? You know, reach into that pocket full of money that you have.

HEMMER: You know, I think that's a great idea, actually.

CAFFERTY: Yes.

HEMMER: Pending your treatment of me in Chicago, by the way.

CAFFERTY: My treatment of you in Chicago will be the same as it is here -- reverence, admiration and a deep sense of respect.

HEMMER: Then you've got dinner, baby.

CAFFERTY: There you go, see. That was -- that worked pretty well.

COLLINS: I am so staying out of this.

Still ahead on AMERICAN MORNING, John Kerry blasts the president on jobs and healthcare. But a new issue may provide him even more momentum. That's next on AMERICAN MORNING.

(COMMERCIAL BREAK)

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