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American Morning

Kerry Campaign; Ballot Buster?; 'House Call'

Aired October 13, 2004 - 9:00   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.


BILL HEMMER, CNN ANCHOR: Good morning. Later tonight we're going to the candidates' debate. And this one could be the most important of all. A look at the stakes in Tempe, Arizona, tonight.
Rescue missions in Iraq that were secret until now. How close did the U.S. come to saving three hostages?

And molten rock and Mount St. Helens. What the lava means to the mountain on this AMERICAN MORNING.

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

HEMMER: Good morning, everyone -- 51st and 6th Avenue. Stop by and say hello.

Good morning. I'm Bill Hemmer.

HEIDI COLLINS, CNN ANCHOR: I'm Heidi Collins, in for Soledad.

You know, the political focus tonight is in Arizona, of course, and the big debate. But just one state from there another story is developing with potentially huge consequences. We'll talk about voter registration problems in Colorado and a controversial plan to divide the state's electoral votes. Governor Bill Owens is here to discuss that.

HEMMER: And if that happens, boy, you can just imagine right now the scenarios that may take this past November 2. So...

COLLINS: Yes, no longer winner take all there.

HEMMER: Yes. We'll look at that.

Also, in medical news, gastric bypass surgery generally seen as a last resort for weight loss, reserved for the most overweight of people. But researchers are seeing a number of health benefits that can change that conventional wisdom. We'll talk to a doctor who's been a leader in the field about who might be effected. Big topic. We'll get to it this hour.

COLLINS: Jack Cafferty here now once again.

Good morning.

JACK CAFFERTY, CNN ANCHOR: The Supreme Court of the United States to hear arguments on whether or not the death penalty should apply to juveniles in this country in capital cases. And a murder case in Missouri, a particularly grisly one, is the subject of the debate.

AM@CNN.com. That's the "Question of the Day." If you have thoughts, drop us a note.

HEMMER: Good deal.

COLLINS: Thank you, Jack.

We want to begin the stories "Now in the News" this morning with Daryn Kagan at the CNN Center.

Daryn, good morning.

DARYN KAGAN, CNN ANCHOR: Heidi, good morning to you.

Word of more violence against American soldiers in Iraq. Military sources say that at least four U.S. troops were killed within the last 24 hours in two separate explosions in Baghdad. The attacks come as Iraqi officials ask for $34 billion in reconstruction aid. Some 55 countries are meeting this morning in Japan to discuss the proposal.

In California, say good-bye to a famous LA landmark. The Los Angeles School Board voted yesterday to convert parts of the historic Ambassador Hotel into a school campus. The ballroom will be saved. No decision so far has been made about the pantry where Senator Robert Kennedy was shot in 1968.

And heading north, lava has come to the surface at Mount St. Helens. Scientists say that a new lava dome has formed just behind the old one. Instruments measured the surface temperatures at more than 1,000 degrees Fahrenheit. Earthquakes do continue as a volcano, but they have quieted down.

And final preparations are under way this hour for a new crew headed to the International Space Station. An American and two Russians will blast off in a Russian rocket tonight. They will launch from the same pad in Russia that sent the first man into space back in 1961. The men will relieve the current space station crew after a week-long handover.

Bill, the first time that all three are rookies on the Soyuz capsule. They haven't trained. So good luck to them.

HEMMER: They're going to know each other a little better after this one, aren't they?

KAGAN: Yes, kind of close quarters, wouldn't you say?

HEMMER: Yes.

A quick note in sports. The Yankees beat the Red Sox for game one last night. And, what, St. Louis and Houston go at it later tonight, right? KAGAN: Absolutely. And then game two as well. Yes.

HEMMER: For the Yankees and Red Sox. You're right. Daryn, thanks for that.

KAGAN: Sure.

HEMMER: The stage is now set as President Bush and John Kerry get ready for tonight's final debate in the American Southwest. John Kerry starts his day in New Mexico before heading to Arizona later today. That's where we find Ed Henry, with the Kerry campaign in Santa Fe.

Good morning, Ed.

ED HENRY, CNN CONGRESSIONAL CORRESPONDENT: Good morning, Bill.

On the night before what may be the biggest moment of his political life, what did John Kerry do? He went for a bike ride.

(BEGIN VIDEOTAPE)

HENRY (voice-over): After Kerry's 45-minute bike ride, the Red Sox fan tuned into game one of Boston's dramatic playoff series with the Yankees, all to project the image Kerry is calm, cool, collected heading into tonight's final showdown with President Bush.

DAVID WADE, KERRY PRESS SECRETARY: Well, I think the pressure is on the president. And it seems like the president and the vice president, both, as you've seen in these harsh attacks following each debate, they've sort of decided to write off all the undecided voters and to speak only to their hardened Republican base.

HENRY: While Kerry has been relaxing in between debate prep, the president has relentless in trying to shred the senator's record.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: You're not going to have fiscal sanity with John Kerry as the president. He has been the most liberal member of the United States Senate, which means he likes to spend your money.

HENRY: Aides say Kerry was right not to directly respond to those attacks this week. They say he will fire back tonight.

WADE: He has prepared hard for this debate. He's ready.

HENRY: With Kerry off the stump, his running mate is doing the talking, testing out some of the lines that Kerry may use on domestic issues, like stem cell research.

SEN. JOHN EDWARDS (D-NC), VICE PRESIDENTIAL CANDIDATE: If we do the work that we can do in this country, the work that we will do when John Kerry is president, people like Christopher Reeve are going to get up out of that wheelchair and walk again. That's what we can do in America.

(END VIDEOTAPE)

HENRY: Senate Majority Leader Bill Frist called those comments "crass" and "shameful." John Edwards shot back that what's crass is President Bush standing in the way of stem cell research. Obviously, Bill, heading into this debate, the rhetoric is getting very hot.

HEMMER: Yes. And on that debate, polls show that John Kerry is expected to win tonight. What are the expectations on the Kerry side?

HENRY: The Kerry camp feels that they won the first two debates. And what they're saying is that no incumbent president has lost three debates and then gone on to win the election. They're saying all the pressure, all the heat is on President Bush tonight.

But obviously, the Bush camp says there's a lot of pressure on Kerry as well because people are expecting that since this is all about the domestic agenda, Kerry should do very well. So they're obviously both playing the expectations game -- Bill.

HEMMER: Yes, 90 minutes to go later tonight. And Bob Schieffer from CBS handles the honors tonight as the moderator.

Ed, thanks. Ed Henry in Santa Fe this hour -- Heidi.

HENRY: Thank you.

COLLINS: To Colorado now, where a controversial ballot initiative could affect the outcome of the presidential election. Amendment 36 would scrap the current winner-take-all system of counting electoral votes and divide them according to the popular tally.

The presidential race is dead even in this centennial state. And Colorado's Republican governor, Bill Owens, is fighting the proposal. He is joining us now from Denver this morning.

Governor, good to see you.

GOV. BILL OWENS (R), COLORADO: Good to be with you.

COLLINS: Thanks for being with us.

OWENS: You bet.

COLLINS: Why fight this initiative?

OWENS: Well, it's for a couple of reasons. First, it has been placed on Colorado's ballot this year by a gentleman who was born and raised in Mexico City, was a professor in California, and now he's in Brazil. He put a million dollars into this effort to change Colorado's electoral votes.

Right now we have nine votes. Those would go to the winner. If Dr. Jorge de Alvez' (ph) proposal passes in Colorado, we would split 5-4 in every possible future presidential election. What this means is, is that we'd have, in essence, one electoral vote, compared to other states, which have three, all the way up to 55. It would reduce our ability to -- to get federal assistance in terms of highways, base closings, all the issues where we compete with other states. We'd be relatively defenseless.

COLLINS: But Governor, there are those, the proponents, of course, of the proportional system, who point out that, by using it, every vote, then, becomes valuable. What's wrong with that?

OWENS: You know -- well, nothing is wrong with it if you were doing it nationally, if every state was changing this system at the same time. But for Colorado alone to reduce our nine electoral votes to one electoral vote just simply means that we alone would be out there. And when it comes again to dealing with relationships with other states, with the federal government, we wouldn't get the attention that we do deserve and get with nine votes.

It is also bad this election. This gentleman, who's a strong John Kerry backer, isn't doing it in his home state of California. He's doing it here because he's trying to hurt President Bush in Colorado, trying to change nine votes from President Bush to a 5-4 Bush victory. This could change the course of the national election.

COLLINS: But Governor, you are a Republican governor.

OWENS: Sure.

COLLINS: And some would say the same thing for you, that this could be a setback for Bush if, in fact, the system goes to proportional methods.

OWENS: Absolutely. And I agree. So that's why there's actually two reasons I'm opposed to this.

First, the crass political effort this year to take these votes away from President Bush. But second, as governor of Colorado, and for all future governors, this is going to actually just mean that we're not going to have the ability to represent ourselves on federal issues.

It's going to unilaterally disarm Colorado, while the other 49 states continue to vote with unanimous votes. And it doesn't make any sense from our perspective.

COLLINS: Let's talk -- I understand. Let's talk for a moment, if we could, about some other concerns in your state come this election cycle.

"Denver Post" reporting that Colorado's registration includes as many as 6,000 felons. Some of them have voted as recently as August. How are you addressing the problem on that regard?

OWENS: You know, it is interesting, every time we try to bring some discipline to the voter registration lists, we're essentially sued. Our friends in common cause sue us. We're -- we're engaged in a lawsuit right now.

We have a law that requires you to show identification when you go to the polls. We actually have recently in Colorado evidence of thousands of registrations of the same person registering multiple times.

We're in court trying to clean this up. Some of our friends on the left are trying to keep us from being able to do it. It's going to be a very interesting election.

COLLINS: Will it be done by November 2?

OWENS: I expect it will be. A court is going to make a decision this week in terms of voter identification.

I firmly believe that we need to identify voters when you go to the polls, just as we identify when we're checking into a hotel or getting on an airplane. It's something that should go with something as important as voting.

COLLINS: Colorado doesn't equal Florida in this election does it?

OWENS: No. I'm sure we won't. But we're doing the best to make sure that that doesn't happen.

COLLINS: Governor Bill Owens this morning. Again, nice to see you, sir.

OWENS: Thanks.

COLLINS: The presidential candidates do debate for the third and final time tonight in Tempe, Arizona. CNN's prime-time coverage begins 7:00 p.m. Eastern.

HEMMER: About 10 minutes past the hour now. It's nice in the Northeast. What about the rest of the country? Here is Chad, looking at the weather outside.

(WEATHER REPORT)

HEMMER: In a moment here, some serious news out of Iraq. Word that U.S. troops tried to rescue three hostages before they were killed. We'll talk to the brother of one of the victims about that.

COLLINS: And many Americans are turning to surgery to lose weight now. But there may be other life-saving benefits to operations like this. So we'll take a look at that coming up on AMERICAN MORNING.

(COMMERCIAL BREAK)

COLLINS: It's one of the hottest surgeries out there. With amazing celebrity weight loss success stories, like Carnie Wilson, now a new study says gastric bypass surgery can have a significant affect on other conditions that are related to obesity. The lead author of the study, Dr. Henry Buchwald, is joining us now from New Orleans.

Doctor, thanks for being with us.

DR. HENRY BUCHWALD, UNIVERSITY OF MINNESOTA: Good morning.

COLLINS: I want to ask you -- I now that you reviewed so many results before coming to your conclusions, 136 weight loss surgery studies, 22,000 patients. But what does the impact of gastric bypass surgery have on these other types of sidebar conditions, if you will, to obesity?

BUCHWALD: Well, I think this study showed most definitively that weight loss surgery, and not only gastric bypass, but the whole spectrum of weight loss surgery, not only causes massive weight loss, but cures, if you will, 70 to 80 percent of the diabetes, high blood pressure, high cholesterol and obstructive sleep apnea that these patients have. So...

COLLINS: But it would seem, doctor, that you would have to walk a fine line in saying, OK, well, because all of these other symptoms to obesity seem to be cured, as you say, then you should get gastric bypass surgery. That's not what you're saying?

BUCHWALD: No, that's not what I'm saying. Everyone who comes for gastric bypass surgery has gone through diet and drug therapy in certain instances.

No. This is not for everyone. But at the same time, we're only able to operate on one to two percent of the patients in the United States who could benefit from this surgery.

COLLINS: Clear up something for us just so people understand the guidelines here. What are you talking about when you say morbidly obese?

BUCHWALD: We're talking about people better than 100 pounds overweight, or in the scientific language have a body mass index, BMI, over 40.

COLLINS: All right. So when we talk about weight loss surgery, and compare it to life expectancy, when people have these surgeries what do we rally know about increasing their life expectancy?

BUCHWALD: Well, we know that if you are an obese, a morbidly obese man, you give away 12 years of life expectancy. A morbidly obese woman gives away about nine years of life expectancy.

And if you reverse, if you stop all these terrible diseases that are leading to heart attacks and death, it is only reasonable to say that life expectancy will be increased. And indeed, there's a study out now that shows that life expectancy is increased.

COLLINS: Finally, more on how dangerous this gastric bypass surgery is. I mean, it's not really the easiest surgery. BUCHWALD: No. It is difficult surgery. It is major surgery for a major disease that is associated with major diseases. But the risk rate is the same or less than major heart surgery, major cancer surgery.

There can be no surgery without risk. And every death and every complication is a tragedy. But one has to look upon this as saying, this is an operation or operations for terrible disease that leads to many other diseases and, therefore, if you look at the risk balance, it's indicated for many individuals.

COLLINS: Fascinating study. Dr. Henry Buchwald, the University of Minnesota. Thanks so much for your time here this morning.

BUCHWALD: Thank you, Heidi.

COLLINS: Bill.

HEMMER: Eighteen minutes past the hour. A U.S. senator shutting down his office in Washington out of fears of terrorism. We'll talk to another lawmaker who says his colleague is just being paranoid.

Another reminder. Later tonight, our coverage starts in Tempe at 7:00 Eastern liver here on CNN.

Back in a moment after this.

(COMMERCIAL BREAK)

(MUSIC)

COLLINS: So we're going to be waking up here in Chicago next week. And as Jack so brilliantly pointed out, that would be an hour earlier than we wake up right now. But that's all right.

The whole gang, including Soledad, are going to be there for a special week of shows as AMERICAN MORNING hits the road. You don't want to miss it. We've got all kinds of stuff coming your way here next week.

HEMMER: Is that Tony or Frank? That's Frank.

CAFFERTY: That's Harold in the blue notes (ph).

(LAUGHTER)

HEMMER: You can see Harold every Tuesday night.

CAFFERTY: What a deal. He is here all week.

HEMMER: Yes, he is. Twenty-one minutes past the hour now.

A courtroom surprise in the Scott Peterson matter -- wow. The defense was about to get under way yesterday morning. But as Ted Rowlands reports, the trial now on hold for at least a week.

(BEGIN VIDEOTAPE)

TED ROWLANDS, CNN CORRESPONDENT (voice-over): A packed courtroom waiting to hear the start of the defense case heard instead that the Scott Peterson murder trial has been delayed. A source close to the case tells CNN that prosecutors needed more time after receiving witness information over the weekend.

JANEY PETERSON, SCOTT PETERSON'S SISTER: Any delay is disappointing. We'll be back next week.

ROWLANDS: Judge Al Delucci told the jury that having to tell them about another delay was like pulling teeth. But there is light at the end of the tunnel. The judge says he anticipates deliberations will start the first week of November. According to people in the courtroom, some jurors seem frustrated by the latest delay.

JIM HAMMER, LEGAL ANALYST: I'll tell you, the one thing that really angers jurors, besides lawyers talking secretly up at the bench without them listening, is delays. And they came in 40 minutes late today, and now another dead week. So they look frustrated, downcast, frankly.

ROWLANDS (on camera): The defense case is scheduled to begin when court resumes next Monday. Closing arguments are tentatively set for November 1 and 2, with the jury scheduled to get the case November 3.

Ted Rowlands, CNN, Redwood City, California.

(END VIDEOTAPE)

HEMMER: One other note. A source for the AP says the delay revolves around photographs, pictures, apparently, and an expert witness that was going to refute what the prosecution was going to claim, that Peterson used four home-made cement anchors to sink his wife's body in the San Francisco Bay. Bottom line from California on this, wait a week before court resumes there -- Heidi.

COLLINS: Time now to check in with Jack and the "Question of the Day," talking about some legal...

(CROSSTALK)

CAFFERTY: That thing is really getting tedious out there. Yes.

HEMMER: Something like 20 weeks for the prosecution?

CAFFERTY: Yes. I mean, this thing goes on and on. I mean, he is guilty. Get rid of it. Let's go to the next thing.

In 1993, a 17-year-old kid named Christopher Simmons and a 16- year-old accomplice broke into a woman's home in Missouri, kidnapped her, drove her to a railroad bridge. She was still alive, bound, gagged.

They threw her off the bridge while she was still alive. She drowned. Her body was found the next day.

He, Simmons, was sentenced to death. Now the Supreme Court is going to decide whether he should be executed. Lawyers for Simmons think his sentence should be overturned, saying he was a "troubled youth at the time, emotionally uninformed and impulsive."

Should juveniles be subjected to the death penalty is the question du jour. Obviously, a lot of very emotional answers. People have strong feelings about this on both sides.

L. in New London, Connecticut, "I lived in that town in Missouri where this happened. If people knew the history behind this case and the torture before the killing they would agree that all involved should not be put to death by lethal injection, but rather should be thrown over the same bridge and be made to suffer as this woman did. She didn't drown right off the bat. She suffered, as they should who did this to her."

Bret in Tulsa, Oklahoma, "The death penalty does not allow for mistakes. As guilty as this teen may seem to you, we cannot condemn anyone to death regardless of how heinous the crime because of the possibility that we might be wrong. How could we possibly execute an innocent person?"

Greg in Westville, Nova Scotia, "Jack, 17-year-olds with functioning minds who commit horrendous homicides should not be executed. They should be incarcerated in solitary confinement for 20 years to give them time to reflect on their actions. Then they should be executed."

Jeannie in Deer Lodge, Montana, "I wish you could trade jobs with me for a week. I work with mentally ill inmates at a state prison. This is the fifth prison I have worked in, and I can tell you that juveniles are tortured, ridiculed and raped frequently. If it is revenge you want, rest assured the juvenile will suffer with a life sentence. Why don't voters fund community programs to address the issue before there is a victim or a death sentence?"

And DW writes from Crescent City, California, "What age cutoff did you have in mind? 16? 14? 6?"

HEMMER: Heavy stuff.

CAFFERTY: Good stuff.

HEMMER: A lot of thoughtful responses, too.

CAFFERTY: Yes.

HEMMER: One more batch?

CAFFERTY: Yes. In approximately a half-hour.

HEMMER: Lighten it up just a little bit here. Jay Leno talking about Ralph Nader last night. A bit of fun last night on the campaign. Here is Leno now. (BEGIN VIDEO CLIP)

JAY LENO, TALK SHOW HOST: Ralph Nader has conceded that he will not win a single state in the election. You think it was tough for Nader to make that announcement? Oh, you should have seen his supporter. Oh, He was crestfallen.

(END VIDEO CLIP)

HEMMER: Singular. Leno from last night.

COLLINS: Oh, poor guy.

All right. Still to come this morning, we've got your Wednesday edition of "90-Second Pop."

(MUSIC)

(BEGIN VIDEOTAPE)

COLLINS (voice-over): The one-time king of pop goes after Slim Shady's latest spoof. But is Michael Jackson just making things worse?

Plus, move over Demi Moore and Rob Lowe. There's a new brat pack in town ahead on AMERICAN MORNING.

(COMMERCIAL BREAK)

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 October 13, 2004 - 9:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: Good morning. Later tonight we're going to the candidates' debate. And this one could be the most important of all. A look at the stakes in Tempe, Arizona, tonight.
Rescue missions in Iraq that were secret until now. How close did the U.S. come to saving three hostages?

And molten rock and Mount St. Helens. What the lava means to the mountain on this AMERICAN MORNING.

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

HEMMER: Good morning, everyone -- 51st and 6th Avenue. Stop by and say hello.

Good morning. I'm Bill Hemmer.

HEIDI COLLINS, CNN ANCHOR: I'm Heidi Collins, in for Soledad.

You know, the political focus tonight is in Arizona, of course, and the big debate. But just one state from there another story is developing with potentially huge consequences. We'll talk about voter registration problems in Colorado and a controversial plan to divide the state's electoral votes. Governor Bill Owens is here to discuss that.

HEMMER: And if that happens, boy, you can just imagine right now the scenarios that may take this past November 2. So...

COLLINS: Yes, no longer winner take all there.

HEMMER: Yes. We'll look at that.

Also, in medical news, gastric bypass surgery generally seen as a last resort for weight loss, reserved for the most overweight of people. But researchers are seeing a number of health benefits that can change that conventional wisdom. We'll talk to a doctor who's been a leader in the field about who might be effected. Big topic. We'll get to it this hour.

COLLINS: Jack Cafferty here now once again.

Good morning.

JACK CAFFERTY, CNN ANCHOR: The Supreme Court of the United States to hear arguments on whether or not the death penalty should apply to juveniles in this country in capital cases. And a murder case in Missouri, a particularly grisly one, is the subject of the debate.

AM@CNN.com. That's the "Question of the Day." If you have thoughts, drop us a note.

HEMMER: Good deal.

COLLINS: Thank you, Jack.

We want to begin the stories "Now in the News" this morning with Daryn Kagan at the CNN Center.

Daryn, good morning.

DARYN KAGAN, CNN ANCHOR: Heidi, good morning to you.

Word of more violence against American soldiers in Iraq. Military sources say that at least four U.S. troops were killed within the last 24 hours in two separate explosions in Baghdad. The attacks come as Iraqi officials ask for $34 billion in reconstruction aid. Some 55 countries are meeting this morning in Japan to discuss the proposal.

In California, say good-bye to a famous LA landmark. The Los Angeles School Board voted yesterday to convert parts of the historic Ambassador Hotel into a school campus. The ballroom will be saved. No decision so far has been made about the pantry where Senator Robert Kennedy was shot in 1968.

And heading north, lava has come to the surface at Mount St. Helens. Scientists say that a new lava dome has formed just behind the old one. Instruments measured the surface temperatures at more than 1,000 degrees Fahrenheit. Earthquakes do continue as a volcano, but they have quieted down.

And final preparations are under way this hour for a new crew headed to the International Space Station. An American and two Russians will blast off in a Russian rocket tonight. They will launch from the same pad in Russia that sent the first man into space back in 1961. The men will relieve the current space station crew after a week-long handover.

Bill, the first time that all three are rookies on the Soyuz capsule. They haven't trained. So good luck to them.

HEMMER: They're going to know each other a little better after this one, aren't they?

KAGAN: Yes, kind of close quarters, wouldn't you say?

HEMMER: Yes.

A quick note in sports. The Yankees beat the Red Sox for game one last night. And, what, St. Louis and Houston go at it later tonight, right? KAGAN: Absolutely. And then game two as well. Yes.

HEMMER: For the Yankees and Red Sox. You're right. Daryn, thanks for that.

KAGAN: Sure.

HEMMER: The stage is now set as President Bush and John Kerry get ready for tonight's final debate in the American Southwest. John Kerry starts his day in New Mexico before heading to Arizona later today. That's where we find Ed Henry, with the Kerry campaign in Santa Fe.

Good morning, Ed.

ED HENRY, CNN CONGRESSIONAL CORRESPONDENT: Good morning, Bill.

On the night before what may be the biggest moment of his political life, what did John Kerry do? He went for a bike ride.

(BEGIN VIDEOTAPE)

HENRY (voice-over): After Kerry's 45-minute bike ride, the Red Sox fan tuned into game one of Boston's dramatic playoff series with the Yankees, all to project the image Kerry is calm, cool, collected heading into tonight's final showdown with President Bush.

DAVID WADE, KERRY PRESS SECRETARY: Well, I think the pressure is on the president. And it seems like the president and the vice president, both, as you've seen in these harsh attacks following each debate, they've sort of decided to write off all the undecided voters and to speak only to their hardened Republican base.

HENRY: While Kerry has been relaxing in between debate prep, the president has relentless in trying to shred the senator's record.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: You're not going to have fiscal sanity with John Kerry as the president. He has been the most liberal member of the United States Senate, which means he likes to spend your money.

HENRY: Aides say Kerry was right not to directly respond to those attacks this week. They say he will fire back tonight.

WADE: He has prepared hard for this debate. He's ready.

HENRY: With Kerry off the stump, his running mate is doing the talking, testing out some of the lines that Kerry may use on domestic issues, like stem cell research.

SEN. JOHN EDWARDS (D-NC), VICE PRESIDENTIAL CANDIDATE: If we do the work that we can do in this country, the work that we will do when John Kerry is president, people like Christopher Reeve are going to get up out of that wheelchair and walk again. That's what we can do in America.

(END VIDEOTAPE)

HENRY: Senate Majority Leader Bill Frist called those comments "crass" and "shameful." John Edwards shot back that what's crass is President Bush standing in the way of stem cell research. Obviously, Bill, heading into this debate, the rhetoric is getting very hot.

HEMMER: Yes. And on that debate, polls show that John Kerry is expected to win tonight. What are the expectations on the Kerry side?

HENRY: The Kerry camp feels that they won the first two debates. And what they're saying is that no incumbent president has lost three debates and then gone on to win the election. They're saying all the pressure, all the heat is on President Bush tonight.

But obviously, the Bush camp says there's a lot of pressure on Kerry as well because people are expecting that since this is all about the domestic agenda, Kerry should do very well. So they're obviously both playing the expectations game -- Bill.

HEMMER: Yes, 90 minutes to go later tonight. And Bob Schieffer from CBS handles the honors tonight as the moderator.

Ed, thanks. Ed Henry in Santa Fe this hour -- Heidi.

HENRY: Thank you.

COLLINS: To Colorado now, where a controversial ballot initiative could affect the outcome of the presidential election. Amendment 36 would scrap the current winner-take-all system of counting electoral votes and divide them according to the popular tally.

The presidential race is dead even in this centennial state. And Colorado's Republican governor, Bill Owens, is fighting the proposal. He is joining us now from Denver this morning.

Governor, good to see you.

GOV. BILL OWENS (R), COLORADO: Good to be with you.

COLLINS: Thanks for being with us.

OWENS: You bet.

COLLINS: Why fight this initiative?

OWENS: Well, it's for a couple of reasons. First, it has been placed on Colorado's ballot this year by a gentleman who was born and raised in Mexico City, was a professor in California, and now he's in Brazil. He put a million dollars into this effort to change Colorado's electoral votes.

Right now we have nine votes. Those would go to the winner. If Dr. Jorge de Alvez' (ph) proposal passes in Colorado, we would split 5-4 in every possible future presidential election. What this means is, is that we'd have, in essence, one electoral vote, compared to other states, which have three, all the way up to 55. It would reduce our ability to -- to get federal assistance in terms of highways, base closings, all the issues where we compete with other states. We'd be relatively defenseless.

COLLINS: But Governor, there are those, the proponents, of course, of the proportional system, who point out that, by using it, every vote, then, becomes valuable. What's wrong with that?

OWENS: You know -- well, nothing is wrong with it if you were doing it nationally, if every state was changing this system at the same time. But for Colorado alone to reduce our nine electoral votes to one electoral vote just simply means that we alone would be out there. And when it comes again to dealing with relationships with other states, with the federal government, we wouldn't get the attention that we do deserve and get with nine votes.

It is also bad this election. This gentleman, who's a strong John Kerry backer, isn't doing it in his home state of California. He's doing it here because he's trying to hurt President Bush in Colorado, trying to change nine votes from President Bush to a 5-4 Bush victory. This could change the course of the national election.

COLLINS: But Governor, you are a Republican governor.

OWENS: Sure.

COLLINS: And some would say the same thing for you, that this could be a setback for Bush if, in fact, the system goes to proportional methods.

OWENS: Absolutely. And I agree. So that's why there's actually two reasons I'm opposed to this.

First, the crass political effort this year to take these votes away from President Bush. But second, as governor of Colorado, and for all future governors, this is going to actually just mean that we're not going to have the ability to represent ourselves on federal issues.

It's going to unilaterally disarm Colorado, while the other 49 states continue to vote with unanimous votes. And it doesn't make any sense from our perspective.

COLLINS: Let's talk -- I understand. Let's talk for a moment, if we could, about some other concerns in your state come this election cycle.

"Denver Post" reporting that Colorado's registration includes as many as 6,000 felons. Some of them have voted as recently as August. How are you addressing the problem on that regard?

OWENS: You know, it is interesting, every time we try to bring some discipline to the voter registration lists, we're essentially sued. Our friends in common cause sue us. We're -- we're engaged in a lawsuit right now.

We have a law that requires you to show identification when you go to the polls. We actually have recently in Colorado evidence of thousands of registrations of the same person registering multiple times.

We're in court trying to clean this up. Some of our friends on the left are trying to keep us from being able to do it. It's going to be a very interesting election.

COLLINS: Will it be done by November 2?

OWENS: I expect it will be. A court is going to make a decision this week in terms of voter identification.

I firmly believe that we need to identify voters when you go to the polls, just as we identify when we're checking into a hotel or getting on an airplane. It's something that should go with something as important as voting.

COLLINS: Colorado doesn't equal Florida in this election does it?

OWENS: No. I'm sure we won't. But we're doing the best to make sure that that doesn't happen.

COLLINS: Governor Bill Owens this morning. Again, nice to see you, sir.

OWENS: Thanks.

COLLINS: The presidential candidates do debate for the third and final time tonight in Tempe, Arizona. CNN's prime-time coverage begins 7:00 p.m. Eastern.

HEMMER: About 10 minutes past the hour now. It's nice in the Northeast. What about the rest of the country? Here is Chad, looking at the weather outside.

(WEATHER REPORT)

HEMMER: In a moment here, some serious news out of Iraq. Word that U.S. troops tried to rescue three hostages before they were killed. We'll talk to the brother of one of the victims about that.

COLLINS: And many Americans are turning to surgery to lose weight now. But there may be other life-saving benefits to operations like this. So we'll take a look at that coming up on AMERICAN MORNING.

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COLLINS: It's one of the hottest surgeries out there. With amazing celebrity weight loss success stories, like Carnie Wilson, now a new study says gastric bypass surgery can have a significant affect on other conditions that are related to obesity. The lead author of the study, Dr. Henry Buchwald, is joining us now from New Orleans.

Doctor, thanks for being with us.

DR. HENRY BUCHWALD, UNIVERSITY OF MINNESOTA: Good morning.

COLLINS: I want to ask you -- I now that you reviewed so many results before coming to your conclusions, 136 weight loss surgery studies, 22,000 patients. But what does the impact of gastric bypass surgery have on these other types of sidebar conditions, if you will, to obesity?

BUCHWALD: Well, I think this study showed most definitively that weight loss surgery, and not only gastric bypass, but the whole spectrum of weight loss surgery, not only causes massive weight loss, but cures, if you will, 70 to 80 percent of the diabetes, high blood pressure, high cholesterol and obstructive sleep apnea that these patients have. So...

COLLINS: But it would seem, doctor, that you would have to walk a fine line in saying, OK, well, because all of these other symptoms to obesity seem to be cured, as you say, then you should get gastric bypass surgery. That's not what you're saying?

BUCHWALD: No, that's not what I'm saying. Everyone who comes for gastric bypass surgery has gone through diet and drug therapy in certain instances.

No. This is not for everyone. But at the same time, we're only able to operate on one to two percent of the patients in the United States who could benefit from this surgery.

COLLINS: Clear up something for us just so people understand the guidelines here. What are you talking about when you say morbidly obese?

BUCHWALD: We're talking about people better than 100 pounds overweight, or in the scientific language have a body mass index, BMI, over 40.

COLLINS: All right. So when we talk about weight loss surgery, and compare it to life expectancy, when people have these surgeries what do we rally know about increasing their life expectancy?

BUCHWALD: Well, we know that if you are an obese, a morbidly obese man, you give away 12 years of life expectancy. A morbidly obese woman gives away about nine years of life expectancy.

And if you reverse, if you stop all these terrible diseases that are leading to heart attacks and death, it is only reasonable to say that life expectancy will be increased. And indeed, there's a study out now that shows that life expectancy is increased.

COLLINS: Finally, more on how dangerous this gastric bypass surgery is. I mean, it's not really the easiest surgery. BUCHWALD: No. It is difficult surgery. It is major surgery for a major disease that is associated with major diseases. But the risk rate is the same or less than major heart surgery, major cancer surgery.

There can be no surgery without risk. And every death and every complication is a tragedy. But one has to look upon this as saying, this is an operation or operations for terrible disease that leads to many other diseases and, therefore, if you look at the risk balance, it's indicated for many individuals.

COLLINS: Fascinating study. Dr. Henry Buchwald, the University of Minnesota. Thanks so much for your time here this morning.

BUCHWALD: Thank you, Heidi.

COLLINS: Bill.

HEMMER: Eighteen minutes past the hour. A U.S. senator shutting down his office in Washington out of fears of terrorism. We'll talk to another lawmaker who says his colleague is just being paranoid.

Another reminder. Later tonight, our coverage starts in Tempe at 7:00 Eastern liver here on CNN.

Back in a moment after this.

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COLLINS: So we're going to be waking up here in Chicago next week. And as Jack so brilliantly pointed out, that would be an hour earlier than we wake up right now. But that's all right.

The whole gang, including Soledad, are going to be there for a special week of shows as AMERICAN MORNING hits the road. You don't want to miss it. We've got all kinds of stuff coming your way here next week.

HEMMER: Is that Tony or Frank? That's Frank.

CAFFERTY: That's Harold in the blue notes (ph).

(LAUGHTER)

HEMMER: You can see Harold every Tuesday night.

CAFFERTY: What a deal. He is here all week.

HEMMER: Yes, he is. Twenty-one minutes past the hour now.

A courtroom surprise in the Scott Peterson matter -- wow. The defense was about to get under way yesterday morning. But as Ted Rowlands reports, the trial now on hold for at least a week.

(BEGIN VIDEOTAPE)

TED ROWLANDS, CNN CORRESPONDENT (voice-over): A packed courtroom waiting to hear the start of the defense case heard instead that the Scott Peterson murder trial has been delayed. A source close to the case tells CNN that prosecutors needed more time after receiving witness information over the weekend.

JANEY PETERSON, SCOTT PETERSON'S SISTER: Any delay is disappointing. We'll be back next week.

ROWLANDS: Judge Al Delucci told the jury that having to tell them about another delay was like pulling teeth. But there is light at the end of the tunnel. The judge says he anticipates deliberations will start the first week of November. According to people in the courtroom, some jurors seem frustrated by the latest delay.

JIM HAMMER, LEGAL ANALYST: I'll tell you, the one thing that really angers jurors, besides lawyers talking secretly up at the bench without them listening, is delays. And they came in 40 minutes late today, and now another dead week. So they look frustrated, downcast, frankly.

ROWLANDS (on camera): The defense case is scheduled to begin when court resumes next Monday. Closing arguments are tentatively set for November 1 and 2, with the jury scheduled to get the case November 3.

Ted Rowlands, CNN, Redwood City, California.

(END VIDEOTAPE)

HEMMER: One other note. A source for the AP says the delay revolves around photographs, pictures, apparently, and an expert witness that was going to refute what the prosecution was going to claim, that Peterson used four home-made cement anchors to sink his wife's body in the San Francisco Bay. Bottom line from California on this, wait a week before court resumes there -- Heidi.

COLLINS: Time now to check in with Jack and the "Question of the Day," talking about some legal...

(CROSSTALK)

CAFFERTY: That thing is really getting tedious out there. Yes.

HEMMER: Something like 20 weeks for the prosecution?

CAFFERTY: Yes. I mean, this thing goes on and on. I mean, he is guilty. Get rid of it. Let's go to the next thing.

In 1993, a 17-year-old kid named Christopher Simmons and a 16- year-old accomplice broke into a woman's home in Missouri, kidnapped her, drove her to a railroad bridge. She was still alive, bound, gagged.

They threw her off the bridge while she was still alive. She drowned. Her body was found the next day.

He, Simmons, was sentenced to death. Now the Supreme Court is going to decide whether he should be executed. Lawyers for Simmons think his sentence should be overturned, saying he was a "troubled youth at the time, emotionally uninformed and impulsive."

Should juveniles be subjected to the death penalty is the question du jour. Obviously, a lot of very emotional answers. People have strong feelings about this on both sides.

L. in New London, Connecticut, "I lived in that town in Missouri where this happened. If people knew the history behind this case and the torture before the killing they would agree that all involved should not be put to death by lethal injection, but rather should be thrown over the same bridge and be made to suffer as this woman did. She didn't drown right off the bat. She suffered, as they should who did this to her."

Bret in Tulsa, Oklahoma, "The death penalty does not allow for mistakes. As guilty as this teen may seem to you, we cannot condemn anyone to death regardless of how heinous the crime because of the possibility that we might be wrong. How could we possibly execute an innocent person?"

Greg in Westville, Nova Scotia, "Jack, 17-year-olds with functioning minds who commit horrendous homicides should not be executed. They should be incarcerated in solitary confinement for 20 years to give them time to reflect on their actions. Then they should be executed."

Jeannie in Deer Lodge, Montana, "I wish you could trade jobs with me for a week. I work with mentally ill inmates at a state prison. This is the fifth prison I have worked in, and I can tell you that juveniles are tortured, ridiculed and raped frequently. If it is revenge you want, rest assured the juvenile will suffer with a life sentence. Why don't voters fund community programs to address the issue before there is a victim or a death sentence?"

And DW writes from Crescent City, California, "What age cutoff did you have in mind? 16? 14? 6?"

HEMMER: Heavy stuff.

CAFFERTY: Good stuff.

HEMMER: A lot of thoughtful responses, too.

CAFFERTY: Yes.

HEMMER: One more batch?

CAFFERTY: Yes. In approximately a half-hour.

HEMMER: Lighten it up just a little bit here. Jay Leno talking about Ralph Nader last night. A bit of fun last night on the campaign. Here is Leno now. (BEGIN VIDEO CLIP)

JAY LENO, TALK SHOW HOST: Ralph Nader has conceded that he will not win a single state in the election. You think it was tough for Nader to make that announcement? Oh, you should have seen his supporter. Oh, He was crestfallen.

(END VIDEO CLIP)

HEMMER: Singular. Leno from last night.

COLLINS: Oh, poor guy.

All right. Still to come this morning, we've got your Wednesday edition of "90-Second Pop."

(MUSIC)

(BEGIN VIDEOTAPE)

COLLINS (voice-over): The one-time king of pop goes after Slim Shady's latest spoof. But is Michael Jackson just making things worse?

Plus, move over Demi Moore and Rob Lowe. There's a new brat pack in town ahead on AMERICAN MORNING.

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