Return to Transcripts main page

American Morning

Dramatic Development in Scott Peterson Trial; Battle of Falluja now in its Third Day; Democrats Regroup

Aired November 10, 2004 - 8:59   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. One of the first cabinet officials to step down. Now just a day later, we may known who John Ashcroft's replacement could be.
Most of Falluja now in the hands of the coalition forces. But a top commander there says the battle is far from over as insurgents fight on.

Meanwhile, the insurgency strikes at the heart of the new Iraqi government. Now the prime minister's family is the latest target.

And a dramatic development in Scott Peterson's trial. Why the jury will have to go back to square one on this AMERICAN MORNING.

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

HEMMER: Good morning, everybody. Nine o'clock here in New York. Some of the other headlines we're watching this hour: the future for the Democratic Party.

After last week's tough election losses, the party trying to turn the page. And there were questions today, and some questions about John Kerry's potential role, as well as that of one of the big rivals during the Democratic primaries. We'll talk to Donna Brazile in a moment here about all that, what's happening in D.C.

SOLEDAD O'BRIEN, CNN ANCHOR: Also ahead this morning, we have got a look what's happening in Falluja. We're going to update you on the situation there.

And how about this news from "90-Second Pop?" A Hollywood starlet melts down. Or was she attacked by the paparazzi? That's her story. We've got the very latest on this important Hollywood breaking news for you.

Jack, I know you're all a twitter about this, this morning.

JACK CAFFERTY, CNN ANCHOR: She better get out my checkbook, would be my advice to her.

O'BRIEN: Yes. What do you think that's worth, $1 million, $2 million?

CAFFERTY: It will cost her a few dollars, those pictures. She should have beat up the guy who took the pictures. That's who she should have jumped on, got his camera.

Anyway, within a year, if things go right, and the FDA says OK, there will be something called a miracle pill maybe come on the market to help people lose weight. It prevents heart disease and will help you quit smoking. How far would you go to lose weight?

There are some questions about long-term side effects because they haven't done any long-term studies yet. Anyway, if you have some thoughts, AM@CNN.com. We'll read some letters in a few minutes.

HEMMER: Good deal. Thank you, Jack.

Top stories, top of the hour now. Back to Kelly Wallace on that.

Good morning, Kelly.

KELLY WALLACE, CNN ANCHOR: Good morning to you all again. And good morning, everyone.

"Now in the News," plans are under way for Palestinian leader Yasser Arafat's funeral and burial in the event of his death. A top Muslim cleric visited Arafat today and said the Palestinian leader is still alive.

Palestinian officials say a funeral could be held in Cairo possibly by the end of the week. Arafat would then be taken to his compound in Ramallah, where he would be buried.

A group called Ansar al-Jihad says members of Iraqi Prime Minister Ayad Allawi's family will be beheaded unless Iraqi prisoners are released within 48 hours. At least two members of the prime minister's family were kidnapped yesterday. In a message on a Web site, the group demanded an end to the offensive in Falluja.

One of President Bush's closest allies is heading to Washington. The White House says British Prime Minister Tony Blair will be in Washington tomorrow and Friday for talks with the president. Renewing peace efforts in the Middle East is expected to be a major focus of discussions. Mr. Blair would be the first world leader to visit President Bush since his reelection.

And the nominee to replace Attorney General John Ashcroft could be announced as early as today. We are awaiting word from the White House on Ashcroft's successor. In his letter to the president, Ashcroft said the Justice Department would benefit from new leadership.

A senior administration official tells CNN that Ashcroft's likely successor could be White House counsel Alberto Gonzales. He is a former Texas Supreme Court justice, a close adviser to President Bush, and as you both know, a close adviser when then -- or President Bush was governor of Texas.

HEMMER: Indeed, you're right. And we may get word any point now. Thank you, Kelly.

WALLACE: Sure.

HEMMER: Let me get to California first off this hour, the people versus Scott Peterson. Deja vu in the jury room again this morning. Rusty Dornin is live in Redwood City.

And Rusty, good morning there.

RUSTY DORNIN, CNN CORRESPONDENT: Bill, big buzz around the courthouse as the mystery and intrigue of a closed-door meeting evolved into the dismissal of a second juror in this case. Apparently juror number seven's activities could not be ignored and sent the jury after 34 hours of deliberations back to square one.

(BEGIN VIDEOTAPE)

DORNIN (voice-over): They started from scratch are again. After four-and-a-half days of deliberations, jurors in the Scott Peterson murder trial began those deliberations all over because a new alternate joined the panel.

Juror number 7, a woman in her 40s working as an electric company auditor, was thrown off the jury for misconduct. Sources have told CNN the juror was accused of conducting independent research. And the judge, summoning jurors for the second time in two days, gave a hint when he reread a certain instruction.

CHUCK SMITH, LEGAL ANALYST: He used the term "and decide the case from the facts and the law and from no other source." The fact he reiterated it sends us a little bit of a signal that perhaps there was an improper source at play in the deliberation room.

DORNIN: Another juror was dismissed only four weeks into the trial, and he is still talking about the jury. But the latest juror to be dismissed will be gagged because the panel has begun deliberations.

The alternate joining the jury is a tattooed young woman in her 20s, a bank employee with four children. She has cried several times during the trial, including once when she saw the autopsy photos and also during a taped interview between Scott Peterson and a reporter.

Legal analysts say she is a colorful character who expresses herself through fashion statements and seems very independent. That, they say, is usually not a good thing for the prosecution.

JIM HAMMER, LEGAL ANALYST: I want people who just blend in with the crowd. Or, put another way, 11 sheep and one leader. And this woman looks like a very individual kind of person, which I like as a person, but as a prosecutor you don't want people who stand out and change their hair color every couple of days.

DORNIN: The defendant was in court when the judge announced the juror's dismissal. The Peterson family had no comment after the proceeding. The jury, grim-faced, returned to its deliberations with a parting comment from the judge to "keep in touch."

(END VIDEOTAPE)

DORNIN: Sources tell CNN the juror that was dismissed was not in any way involved in that mere impasse in deliberations that occurred earlier in the week. They spent about two-and-a-half hours yesterday, presumably getting the new juror up to speed. They'll deliberate tomorrow -- I mean, today, but tomorrow is Veteran's Day. That will be a court holiday, and then they'll be back on Friday -- Bill.

HEMMER: We will keep in touch with you, Rusty. Thanks, in Redwood City -- Soledad.

O'BRIEN: Let's get right to senior legal analyst Jeff Toobin for more on this.

How much of a dent does this put in the deliberations? Is it a big deal or not a big deal?

JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: Well, probably not a big deal. It slows things downs certainly.

The notion of starting over is kind of a legal fiction. What I think it really means is that the 11 who are already serving kind of bring the new juror up to speed and make sure she's comfortable, nothing is imposed on her. But I don't think literally they go over all their previous deliberations.

O'BRIEN: They talked about this juror who has been dismissed now doing independent research, which could be anything from getting online or maybe reading a newspaper or something. Wouldn't it be fair to say, well, by then, just by chatting with the other jurors she could have easily contaminated the other jurors?

TOOBIN: That's right. That's why the judge interviewed all 12 jurors yesterday to see if there was any taint. He seems to have done a thorough job in making sure that this problem was contained.

This really could be an appeal issue if Peterson is convicted. We talk a lot about appeal issue. Some are trivial -- you know, whether the jurors sat in the boat. That certainly is not going to get a conviction reversed. But one thing appeals courts care a lot about is the process of jury deliberation, so we can be sure this is an area that will be scrutinized carefully.

O'BRIEN: Why do you say the prosecution has dodged a tremendous bullet here?

TOOBIN: Because someone in the jury room who might lead to a hung jury would be a disaster for the prosecution. A hung jury in a case that took this long would be a victory for the defense. So anything that keeps deliberations on track, that keeps it in an orderly process, even if that means getting rid of a juror who's a problem, that is good for the prosecution because they need a verdict in this case.

O'BRIEN: How about the colorful character? I mean, it's so funny when they read descriptions, four kids and nine tattoos. TOOBIN: Nine tattoos. That's what everybody knows about.

O'BRIEN: And red hair. Ooh! I'm not sure if that's good for the defense, good for the prosecution?

TOOBIN: You know, the way prosecutors -- the way trial lawyers think, it was a little like the guy who was interviewed in Rusty's piece. Yes, you know, colorful characters, eccentric personalities tend to be, according to folklore, good for the defense. But no one really knows for sure. If the case is strong, if 11 people want a conviction, just because this woman has tattoos, I don't think that's going to lead...

O'BRIEN: Four kids? Lots of people have four kids.

TOOBIN: Four kids, yes. I know. There's nothing wrong with four kids, Soledad.

O'BRIEN: It's not a bad thing.

TOOBIN: Right. But -- so, yes, on paper or in her colorful personality, she would seem to be a defense -- you know, a good juror for the defense. But I wouldn't read too much into that.

O'BRIEN: All right. Well, they keep talking. We'll see what they come up with.

TOOBIN: Someday.

O'BRIEN: Yes, someday. One day it has to end, right?

TOOBIN: Yes.

O'BRIEN: Jeff Toobin, thanks -- Bill.

HEMMER: Eight minutes past the hour. Back to Iraq now, and the battle for Falluja now in its third day there. And U.S. forces pushing into the insurgent stronghold.

CNN's Jane Arraf embedded with the U.S. Army in the center part of that town. A bit earlier today she spoke with us by telephone about what she is seeing in her immediate area.

(BEGIN VIDEOTAPE)

JANE ARRAF, CNN BAGHDAD BUREAU CHIEF: Just in the space of the past couple of hours, Bill, we have found -- they've found, as we've gone with them, an anti-tank landmine, a treasure trove of mortars. We're standing in front of a trailer with at least 10 mortars and tubes inside. And just a few feet away, Bill, there's a hut that appears to have been used for making homemade bombs.

There are detonators, explosives, food, printed materials, a tape recorder. It looks as if it was vacated quite hurriedly.

They also say, Bill, they have found tunnels. They just threw a grenade into what they said was a fighting position, and they say there are many more fighting positions dug into the ground, some of them connected by tunnels -- Bill.

HEMMER: Jane, we heard an explosion there while you were talking. Is that one of the grenades you're referring to in the tunnel? And as a second part, does the fighting continue at this point where you are?

ARRAF: There is sporadic fighting in this sector of the city. One of the things they're doing is re-clearing streets that they had cleared just a couple of days ago when the fighting really start. Now, the fighting is described as sporadic.

They're described it as small cells of insurgents, but it is continuing in this sector, certainly. The soldiers are constantly coming under fire.

HEMMER: And again, the explosion we heard, what was that, Jane?

ARRAF: That one sounded like a machinegun, a tank-mounted machinegun -- mounted on an armored vehicle, rather. What's been happening is, when snipers come out of the buildings -- and there are a lot of places to hide -- shooting at the soldiers, they shoot back with much more powerful weapons. It's kind of a backdrop here.

(END VIDEOTAPE)

HEMMER: Jane Arraf, again by telephone earlier today, embedded with the U.S. Army there in Falluja.

A few other things to pass along to you. Jane describes that scenario, as you heard her, as surreal, as they find all this weaponry now. And at one point she makes it quite clear that it looks in places, anyway, as if the insurgents literally cut and run out of the positions there.

Elsewhere in Iraq today, in the town of Mosul in the north, two policeman reported killed as well. More from Iraq as we go throughout the morning -- Soledad.

O'BRIEN: We've got a durb disturbing story to tell you about out of Oregon. Police say that two teenagers recorded their beating of a high school student, then set it to music, distributed it on a DVD in the school's rap music behind the beeping you're hearing, as we beeped out the foul language from the music.

The footage shows, as you can see here, one boy punching the student in the face. It continues with the other boy then chasing him down, slamming his head into a car window.

A 17-year-old has been charged with assault. Police believe that the victim, who required medical treatment, was just a random target. God, those pictures are so incredibly disturbing. He needed medical treatment, as we mentioned.

Weather now. Chad Myers at the CNN Center for us with the latest forecast.

Hey, Chad. Good morning.

CHAD MYERS, CNN METEOROLOGIST: Good morning, Soledad.

(WEATHER REPORT)

MYERS: Soledad.

O'BRIEN: Yes, it is. All right, Chad. Thanks.

MYERS: You're welcome.

O'BRIEN: Still to come this morning, Marine families know the risks that their loved ones face in Falluja. But, of course, it's little comfort while they wait for word from Iraq. We've got an update on that coming up.

HEMMER: Also, Democrats search for a new leader and a new direction after their Election Day defeat. Donna Brazile may have some answers to what's ahead. We'll talk to her.

O'BRIEN: Plus, not a pretty picture for Cameron Diaz after a struggle with some photographers in Hollywood. She ends up with the camera. But the law might make her give it back. Both sides of that story ahead on "90-Second Pop."

Stay with us.

(COMMERCIAL BREAK)

HEMMER: Let's talk politics now. After last week's defeats in the White House and on Capitol Hill, Democrats now not wasting much time considering the changes to ensure their party's future. Donna Brazile, CNN contributor and a Democratic strategist, my guest now from D.C.

How you doing, Donna?

DONNA BRAZILE, FMR. GORE CAMPAIGN MANAGER: Oh, I'm getting over it. It's slow, but it's -- I'm feeling better.

HEMMER: Well, we spoke last Wednesday morning. No one had slept overnight that night. So let's talk again about what happened yesterday.

John Kerry is back meeting with the Democratic leadership. How did that meeting go yesterday, Nancy Pelosi and Harry Reid there on Capitol Hill?

BRAZILE: As you know, John Kerry is reporting back to duty, this time back into the United States Senate. My sources tell me that it was a good meeting. Of course, Minority Leader Pelosi and the new incoming minority leader in the Senate, Harry Reid, are anxious to get going back in the Congress there. There are many issues that -- that are still on the plate, a jobs bill, a transportation bill, (UNINTELLIGIBLE), appropriation bills. Senator Kerry wants to be part of not only the leadership to help present the Democratic case, but also...

HEMMER: Hey, Donna?

BRAZILE: ... to help with some of the other issues.

HEMMER: Yes. Why isn't John Kerry the leader in the Senate instead of Harry Reid?

BRAZILE: Well, you know, Harry Reid was the minority whip for many years under Tom Daschle, and it's -- it's conceivable that John Kerry will have a more prominent role in the United States Senate. But, you know, he has a national platform now. He doesn't need a title. What he needs right now is to get some sleep and to get ready to fight some of the issues that he campaigned on.

HEMMER: Let's talk about the DNC. If Terry McAuliffe is out, does Howard Dean slip in? Because what I've heard, it might not be Howard Dean. It might be you.

BRAZILE: Well, Howard Dean -- ooh. Well, you know, Bill, I think we have a number of talented people who are looking at the position. I haven't tossed my hat in the ring. But I do believe Howard Dean, there's talk that former mayor of Detroit Dennis Archer may be interested. Former governor of New Hampshire, Jeanne Shaheen. So I think we should look at all of the candidates, and to assess where the party goes in the future.

HEMMER: Would you take it in a word or not?

BRAZILE: No. I've spent the last four years going all across the country, 46 states, four more states. I would have been Miss USA without the bikini. So I think it's time for me to rest my plane a little bit and get a life, as my mother would say.

HEMMER: "Cooking with Grease" still, huh? Bill Clinton was talking last night about the future of the Democratic Party, too. Listen to how he put it in words last night.

BRAZILE: OK.

(BEGIN VIDEO CLIP)

WILLIAM JEFFERSON CLINTON, FMR. PRESIDENT OF THE UNITED STATES: ... that the Democrats can seek to be a truly national party. They may win some more national elections, but we cannot be nationally competitive unless we feel comfortable talking about our convictions. Denial is not an acceptable strategy when issues are of obsessive concern to huge numbers of the American people.

(END VIDEO CLIP)

HEMMER: Denial is not an acceptable strategy. How do you respond to that in those words?

BRAZILE: Well, I think the former president is hitting it right on the mark. I mean, Democrats have strong moral convictions, strong philosophical beliefs, core principles and values that we believe the American people share.

We all believe in liberty, security and freedom for all. And I think Democrats at times failed to discuss those issues in ways that the American people understand what we stand for. And I believe that this is a great moment for the Democratic Party to seize this opportunity to not only reevaluate who we are, but to also tell the American people what we stand for.

HEMMER: Do you think the Democratic leadership on Capitol Hill says the same thing that Bill Clinton says at this point then?

BRAZILE: There is no question that they, too, are taking a deep look inside. We had tremendous losses in the Congress, and, of course, we had some gains at the state and local level. But all Democrats today are passionate about pursuing the agenda that we believe is best for America, and we're willing to work with the Republicans on that agenda as well.

HEMMER: OK. One more thing here. We are hearing word that Alberto Gonzales, the White House counsel, may be the one put forward by the president to take the position of John Ashcroft at the attorney general's job there. Your reaction to that would be what? Knowing he's a minority, knowing he's from the state of Texas, you think immediately what?

BRAZILE: Well, look, he's less polarizing than John Ashcroft. I think people -- he will be put through the confirmation process to assess his views on executive office privilege and also his views on the Geneva Convention. But beyond that, I think I would be excited, like most Americans, that he is competent, he's qualified and he deserves every opportunity to succeed John Ashcroft.

HEMMER: Listen, I don't want to get ahead of the story. Would he get confirmation, though, in the Senate?

BRAZILE: I'm sure after, you know, some time, some questioning, he will be confirmed.

HEMMER: OK. Donna, thanks.

BRAZILE: Thank you.

HEMMER: Donna Brazile there. Forty-eight states, huh?

BRAZILE: Yes.

(LAUGHTER)

HEMMER: That was cute. Talk to you later.

BRAZILE: Thanks. HEMMER: In a moment here, new research challenge a popular belief about preventing heart disease. We will have that story for you and a lot more right after this. Quick break. Back in a moment.

(COMMERCIAL BREAK)

O'BRIEN: A woman in New York City gave birth to healthy twins yesterday, making her a first-time mom, just shy of her 57th birthday. The big event made David Letterman's top ten list last night.

(BEGIN VIDEO CLIP)

DAVID LETTERMAN, TALK SHOW HOST: No. 5: don't have to worry about costly college tuition because you'll be dead.

No. 4: able to calm crying baby with soothing hum of your pacemaker.

No: 3: Fifty-seven? You're just a kid, provided you're a redwood tree or one of those giant turtles.

No. 2: when child asks where babies come from, you can honestly say you don't remember.

And the number one good thing about being a 57-year-old first- time mother, people are already saying, at least you're not 70, like Letterman!

There you go!

(LAUGHTER)

(END VIDEO CLIP)

HEMMER: Nice stuff.

O'BRIEN: Very funny.

HEMMER: Yes.

CAFFERTY: Coincidentally, we got a letter from a teacher in Texas named Margaret who said, "Judging from the ages of my students and how lazy they are in their college math classes, I'd say there will be a lot of them with mothers who are 77 by the time they graduate from college. The 57-year-old mother with twins will have plenty of company."

Bill pointed out that this lady will be 77 or 78 by the time the kids get out of school.

O'BRIEN: Hey, good for her.

CAFFERTY: Yes.

The question today has to do with this thing called the miracle pill that helps you lose weight, quit smoking and fight heart disease. That's kind of the trifecta of good news.

It's the first of a new class of drugs that fight cravings for things like food and nicotine. Short-term studies are promising, but like any drug there are bound to be side effects, and the long-term effects are still unknown. Nevertheless, some patients involved in the study are optimistic.

The question we're asking is this: how far are you willing to go in order to lose weight?

Tom in Alma, West Virginia, writes: "I weigh 450 pounds. Surgery scares me, so does death. I wish there was a pill. I take seven to nine every day already, along with three shots of insulin."

"Most of the people who tell me to quit eating eat twice as much as I do. I wish there was a pill. I'd take it."

Elizabeth in Wabash, Indiana, writes: "I've tried every diet in the world and I'm still fat. I exercise five days a week for an hour. I have great blood pressure, and all my levels are great, but I'm still fat. If there's a pill that can safely help, with only a few side effects, I'm all for it. And by the way, Jack, you rock!"

Thank you, Elizabeth.

But then there's this from Doug in Ontario: "Hemmer, great idea about a list of the dumb things Cafferty says. But do you think a three-hour show will be long enough?

HEMMER: Ooh. I didn't say "dumb things."

O'BRIEN: He didn't say "dumb things."

HEMMER: I said a list of things that Jack says.

CAFFERTY: You didn't say "dumb things?"

HEMMER: I think we can compile that once a week, actually. No, never -- no -- sharp, pointed, yes. Sometime smart.

O'BRIEN: Digging himself out.

CAFFERTY: Don't be trying to suck up to me. It's not going to work.

HEMMER: Well, maybe sometimes dumb.

O'BRIEN: You are welcome to suck up to me any time you want, Bill, just for the record.

Thanks, Jack.

Still to come this morning, the Wednesday edition of "90-Second Pop."

(BEGIN VIDEOTAPE) (MUSIC)

O'BRIEN (voice-over): Call it "The Apprentice" meets "Fear Factor." Richard Branson's "Rebel Billionaire" offers the biggest prize in reality TV history to someone willing to risk his life to win.

And is the world safe without 007? A leading actor refuses to play James Bond, but some new means might be ready for the role.

Stay with us. You're watching 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 November 10, 2004 - 8:59   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. One of the first cabinet officials to step down. Now just a day later, we may known who John Ashcroft's replacement could be.
Most of Falluja now in the hands of the coalition forces. But a top commander there says the battle is far from over as insurgents fight on.

Meanwhile, the insurgency strikes at the heart of the new Iraqi government. Now the prime minister's family is the latest target.

And a dramatic development in Scott Peterson's trial. Why the jury will have to go back to square one on this AMERICAN MORNING.

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

HEMMER: Good morning, everybody. Nine o'clock here in New York. Some of the other headlines we're watching this hour: the future for the Democratic Party.

After last week's tough election losses, the party trying to turn the page. And there were questions today, and some questions about John Kerry's potential role, as well as that of one of the big rivals during the Democratic primaries. We'll talk to Donna Brazile in a moment here about all that, what's happening in D.C.

SOLEDAD O'BRIEN, CNN ANCHOR: Also ahead this morning, we have got a look what's happening in Falluja. We're going to update you on the situation there.

And how about this news from "90-Second Pop?" A Hollywood starlet melts down. Or was she attacked by the paparazzi? That's her story. We've got the very latest on this important Hollywood breaking news for you.

Jack, I know you're all a twitter about this, this morning.

JACK CAFFERTY, CNN ANCHOR: She better get out my checkbook, would be my advice to her.

O'BRIEN: Yes. What do you think that's worth, $1 million, $2 million?

CAFFERTY: It will cost her a few dollars, those pictures. She should have beat up the guy who took the pictures. That's who she should have jumped on, got his camera.

Anyway, within a year, if things go right, and the FDA says OK, there will be something called a miracle pill maybe come on the market to help people lose weight. It prevents heart disease and will help you quit smoking. How far would you go to lose weight?

There are some questions about long-term side effects because they haven't done any long-term studies yet. Anyway, if you have some thoughts, AM@CNN.com. We'll read some letters in a few minutes.

HEMMER: Good deal. Thank you, Jack.

Top stories, top of the hour now. Back to Kelly Wallace on that.

Good morning, Kelly.

KELLY WALLACE, CNN ANCHOR: Good morning to you all again. And good morning, everyone.

"Now in the News," plans are under way for Palestinian leader Yasser Arafat's funeral and burial in the event of his death. A top Muslim cleric visited Arafat today and said the Palestinian leader is still alive.

Palestinian officials say a funeral could be held in Cairo possibly by the end of the week. Arafat would then be taken to his compound in Ramallah, where he would be buried.

A group called Ansar al-Jihad says members of Iraqi Prime Minister Ayad Allawi's family will be beheaded unless Iraqi prisoners are released within 48 hours. At least two members of the prime minister's family were kidnapped yesterday. In a message on a Web site, the group demanded an end to the offensive in Falluja.

One of President Bush's closest allies is heading to Washington. The White House says British Prime Minister Tony Blair will be in Washington tomorrow and Friday for talks with the president. Renewing peace efforts in the Middle East is expected to be a major focus of discussions. Mr. Blair would be the first world leader to visit President Bush since his reelection.

And the nominee to replace Attorney General John Ashcroft could be announced as early as today. We are awaiting word from the White House on Ashcroft's successor. In his letter to the president, Ashcroft said the Justice Department would benefit from new leadership.

A senior administration official tells CNN that Ashcroft's likely successor could be White House counsel Alberto Gonzales. He is a former Texas Supreme Court justice, a close adviser to President Bush, and as you both know, a close adviser when then -- or President Bush was governor of Texas.

HEMMER: Indeed, you're right. And we may get word any point now. Thank you, Kelly.

WALLACE: Sure.

HEMMER: Let me get to California first off this hour, the people versus Scott Peterson. Deja vu in the jury room again this morning. Rusty Dornin is live in Redwood City.

And Rusty, good morning there.

RUSTY DORNIN, CNN CORRESPONDENT: Bill, big buzz around the courthouse as the mystery and intrigue of a closed-door meeting evolved into the dismissal of a second juror in this case. Apparently juror number seven's activities could not be ignored and sent the jury after 34 hours of deliberations back to square one.

(BEGIN VIDEOTAPE)

DORNIN (voice-over): They started from scratch are again. After four-and-a-half days of deliberations, jurors in the Scott Peterson murder trial began those deliberations all over because a new alternate joined the panel.

Juror number 7, a woman in her 40s working as an electric company auditor, was thrown off the jury for misconduct. Sources have told CNN the juror was accused of conducting independent research. And the judge, summoning jurors for the second time in two days, gave a hint when he reread a certain instruction.

CHUCK SMITH, LEGAL ANALYST: He used the term "and decide the case from the facts and the law and from no other source." The fact he reiterated it sends us a little bit of a signal that perhaps there was an improper source at play in the deliberation room.

DORNIN: Another juror was dismissed only four weeks into the trial, and he is still talking about the jury. But the latest juror to be dismissed will be gagged because the panel has begun deliberations.

The alternate joining the jury is a tattooed young woman in her 20s, a bank employee with four children. She has cried several times during the trial, including once when she saw the autopsy photos and also during a taped interview between Scott Peterson and a reporter.

Legal analysts say she is a colorful character who expresses herself through fashion statements and seems very independent. That, they say, is usually not a good thing for the prosecution.

JIM HAMMER, LEGAL ANALYST: I want people who just blend in with the crowd. Or, put another way, 11 sheep and one leader. And this woman looks like a very individual kind of person, which I like as a person, but as a prosecutor you don't want people who stand out and change their hair color every couple of days.

DORNIN: The defendant was in court when the judge announced the juror's dismissal. The Peterson family had no comment after the proceeding. The jury, grim-faced, returned to its deliberations with a parting comment from the judge to "keep in touch."

(END VIDEOTAPE)

DORNIN: Sources tell CNN the juror that was dismissed was not in any way involved in that mere impasse in deliberations that occurred earlier in the week. They spent about two-and-a-half hours yesterday, presumably getting the new juror up to speed. They'll deliberate tomorrow -- I mean, today, but tomorrow is Veteran's Day. That will be a court holiday, and then they'll be back on Friday -- Bill.

HEMMER: We will keep in touch with you, Rusty. Thanks, in Redwood City -- Soledad.

O'BRIEN: Let's get right to senior legal analyst Jeff Toobin for more on this.

How much of a dent does this put in the deliberations? Is it a big deal or not a big deal?

JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: Well, probably not a big deal. It slows things downs certainly.

The notion of starting over is kind of a legal fiction. What I think it really means is that the 11 who are already serving kind of bring the new juror up to speed and make sure she's comfortable, nothing is imposed on her. But I don't think literally they go over all their previous deliberations.

O'BRIEN: They talked about this juror who has been dismissed now doing independent research, which could be anything from getting online or maybe reading a newspaper or something. Wouldn't it be fair to say, well, by then, just by chatting with the other jurors she could have easily contaminated the other jurors?

TOOBIN: That's right. That's why the judge interviewed all 12 jurors yesterday to see if there was any taint. He seems to have done a thorough job in making sure that this problem was contained.

This really could be an appeal issue if Peterson is convicted. We talk a lot about appeal issue. Some are trivial -- you know, whether the jurors sat in the boat. That certainly is not going to get a conviction reversed. But one thing appeals courts care a lot about is the process of jury deliberation, so we can be sure this is an area that will be scrutinized carefully.

O'BRIEN: Why do you say the prosecution has dodged a tremendous bullet here?

TOOBIN: Because someone in the jury room who might lead to a hung jury would be a disaster for the prosecution. A hung jury in a case that took this long would be a victory for the defense. So anything that keeps deliberations on track, that keeps it in an orderly process, even if that means getting rid of a juror who's a problem, that is good for the prosecution because they need a verdict in this case.

O'BRIEN: How about the colorful character? I mean, it's so funny when they read descriptions, four kids and nine tattoos. TOOBIN: Nine tattoos. That's what everybody knows about.

O'BRIEN: And red hair. Ooh! I'm not sure if that's good for the defense, good for the prosecution?

TOOBIN: You know, the way prosecutors -- the way trial lawyers think, it was a little like the guy who was interviewed in Rusty's piece. Yes, you know, colorful characters, eccentric personalities tend to be, according to folklore, good for the defense. But no one really knows for sure. If the case is strong, if 11 people want a conviction, just because this woman has tattoos, I don't think that's going to lead...

O'BRIEN: Four kids? Lots of people have four kids.

TOOBIN: Four kids, yes. I know. There's nothing wrong with four kids, Soledad.

O'BRIEN: It's not a bad thing.

TOOBIN: Right. But -- so, yes, on paper or in her colorful personality, she would seem to be a defense -- you know, a good juror for the defense. But I wouldn't read too much into that.

O'BRIEN: All right. Well, they keep talking. We'll see what they come up with.

TOOBIN: Someday.

O'BRIEN: Yes, someday. One day it has to end, right?

TOOBIN: Yes.

O'BRIEN: Jeff Toobin, thanks -- Bill.

HEMMER: Eight minutes past the hour. Back to Iraq now, and the battle for Falluja now in its third day there. And U.S. forces pushing into the insurgent stronghold.

CNN's Jane Arraf embedded with the U.S. Army in the center part of that town. A bit earlier today she spoke with us by telephone about what she is seeing in her immediate area.

(BEGIN VIDEOTAPE)

JANE ARRAF, CNN BAGHDAD BUREAU CHIEF: Just in the space of the past couple of hours, Bill, we have found -- they've found, as we've gone with them, an anti-tank landmine, a treasure trove of mortars. We're standing in front of a trailer with at least 10 mortars and tubes inside. And just a few feet away, Bill, there's a hut that appears to have been used for making homemade bombs.

There are detonators, explosives, food, printed materials, a tape recorder. It looks as if it was vacated quite hurriedly.

They also say, Bill, they have found tunnels. They just threw a grenade into what they said was a fighting position, and they say there are many more fighting positions dug into the ground, some of them connected by tunnels -- Bill.

HEMMER: Jane, we heard an explosion there while you were talking. Is that one of the grenades you're referring to in the tunnel? And as a second part, does the fighting continue at this point where you are?

ARRAF: There is sporadic fighting in this sector of the city. One of the things they're doing is re-clearing streets that they had cleared just a couple of days ago when the fighting really start. Now, the fighting is described as sporadic.

They're described it as small cells of insurgents, but it is continuing in this sector, certainly. The soldiers are constantly coming under fire.

HEMMER: And again, the explosion we heard, what was that, Jane?

ARRAF: That one sounded like a machinegun, a tank-mounted machinegun -- mounted on an armored vehicle, rather. What's been happening is, when snipers come out of the buildings -- and there are a lot of places to hide -- shooting at the soldiers, they shoot back with much more powerful weapons. It's kind of a backdrop here.

(END VIDEOTAPE)

HEMMER: Jane Arraf, again by telephone earlier today, embedded with the U.S. Army there in Falluja.

A few other things to pass along to you. Jane describes that scenario, as you heard her, as surreal, as they find all this weaponry now. And at one point she makes it quite clear that it looks in places, anyway, as if the insurgents literally cut and run out of the positions there.

Elsewhere in Iraq today, in the town of Mosul in the north, two policeman reported killed as well. More from Iraq as we go throughout the morning -- Soledad.

O'BRIEN: We've got a durb disturbing story to tell you about out of Oregon. Police say that two teenagers recorded their beating of a high school student, then set it to music, distributed it on a DVD in the school's rap music behind the beeping you're hearing, as we beeped out the foul language from the music.

The footage shows, as you can see here, one boy punching the student in the face. It continues with the other boy then chasing him down, slamming his head into a car window.

A 17-year-old has been charged with assault. Police believe that the victim, who required medical treatment, was just a random target. God, those pictures are so incredibly disturbing. He needed medical treatment, as we mentioned.

Weather now. Chad Myers at the CNN Center for us with the latest forecast.

Hey, Chad. Good morning.

CHAD MYERS, CNN METEOROLOGIST: Good morning, Soledad.

(WEATHER REPORT)

MYERS: Soledad.

O'BRIEN: Yes, it is. All right, Chad. Thanks.

MYERS: You're welcome.

O'BRIEN: Still to come this morning, Marine families know the risks that their loved ones face in Falluja. But, of course, it's little comfort while they wait for word from Iraq. We've got an update on that coming up.

HEMMER: Also, Democrats search for a new leader and a new direction after their Election Day defeat. Donna Brazile may have some answers to what's ahead. We'll talk to her.

O'BRIEN: Plus, not a pretty picture for Cameron Diaz after a struggle with some photographers in Hollywood. She ends up with the camera. But the law might make her give it back. Both sides of that story ahead on "90-Second Pop."

Stay with us.

(COMMERCIAL BREAK)

HEMMER: Let's talk politics now. After last week's defeats in the White House and on Capitol Hill, Democrats now not wasting much time considering the changes to ensure their party's future. Donna Brazile, CNN contributor and a Democratic strategist, my guest now from D.C.

How you doing, Donna?

DONNA BRAZILE, FMR. GORE CAMPAIGN MANAGER: Oh, I'm getting over it. It's slow, but it's -- I'm feeling better.

HEMMER: Well, we spoke last Wednesday morning. No one had slept overnight that night. So let's talk again about what happened yesterday.

John Kerry is back meeting with the Democratic leadership. How did that meeting go yesterday, Nancy Pelosi and Harry Reid there on Capitol Hill?

BRAZILE: As you know, John Kerry is reporting back to duty, this time back into the United States Senate. My sources tell me that it was a good meeting. Of course, Minority Leader Pelosi and the new incoming minority leader in the Senate, Harry Reid, are anxious to get going back in the Congress there. There are many issues that -- that are still on the plate, a jobs bill, a transportation bill, (UNINTELLIGIBLE), appropriation bills. Senator Kerry wants to be part of not only the leadership to help present the Democratic case, but also...

HEMMER: Hey, Donna?

BRAZILE: ... to help with some of the other issues.

HEMMER: Yes. Why isn't John Kerry the leader in the Senate instead of Harry Reid?

BRAZILE: Well, you know, Harry Reid was the minority whip for many years under Tom Daschle, and it's -- it's conceivable that John Kerry will have a more prominent role in the United States Senate. But, you know, he has a national platform now. He doesn't need a title. What he needs right now is to get some sleep and to get ready to fight some of the issues that he campaigned on.

HEMMER: Let's talk about the DNC. If Terry McAuliffe is out, does Howard Dean slip in? Because what I've heard, it might not be Howard Dean. It might be you.

BRAZILE: Well, Howard Dean -- ooh. Well, you know, Bill, I think we have a number of talented people who are looking at the position. I haven't tossed my hat in the ring. But I do believe Howard Dean, there's talk that former mayor of Detroit Dennis Archer may be interested. Former governor of New Hampshire, Jeanne Shaheen. So I think we should look at all of the candidates, and to assess where the party goes in the future.

HEMMER: Would you take it in a word or not?

BRAZILE: No. I've spent the last four years going all across the country, 46 states, four more states. I would have been Miss USA without the bikini. So I think it's time for me to rest my plane a little bit and get a life, as my mother would say.

HEMMER: "Cooking with Grease" still, huh? Bill Clinton was talking last night about the future of the Democratic Party, too. Listen to how he put it in words last night.

BRAZILE: OK.

(BEGIN VIDEO CLIP)

WILLIAM JEFFERSON CLINTON, FMR. PRESIDENT OF THE UNITED STATES: ... that the Democrats can seek to be a truly national party. They may win some more national elections, but we cannot be nationally competitive unless we feel comfortable talking about our convictions. Denial is not an acceptable strategy when issues are of obsessive concern to huge numbers of the American people.

(END VIDEO CLIP)

HEMMER: Denial is not an acceptable strategy. How do you respond to that in those words?

BRAZILE: Well, I think the former president is hitting it right on the mark. I mean, Democrats have strong moral convictions, strong philosophical beliefs, core principles and values that we believe the American people share.

We all believe in liberty, security and freedom for all. And I think Democrats at times failed to discuss those issues in ways that the American people understand what we stand for. And I believe that this is a great moment for the Democratic Party to seize this opportunity to not only reevaluate who we are, but to also tell the American people what we stand for.

HEMMER: Do you think the Democratic leadership on Capitol Hill says the same thing that Bill Clinton says at this point then?

BRAZILE: There is no question that they, too, are taking a deep look inside. We had tremendous losses in the Congress, and, of course, we had some gains at the state and local level. But all Democrats today are passionate about pursuing the agenda that we believe is best for America, and we're willing to work with the Republicans on that agenda as well.

HEMMER: OK. One more thing here. We are hearing word that Alberto Gonzales, the White House counsel, may be the one put forward by the president to take the position of John Ashcroft at the attorney general's job there. Your reaction to that would be what? Knowing he's a minority, knowing he's from the state of Texas, you think immediately what?

BRAZILE: Well, look, he's less polarizing than John Ashcroft. I think people -- he will be put through the confirmation process to assess his views on executive office privilege and also his views on the Geneva Convention. But beyond that, I think I would be excited, like most Americans, that he is competent, he's qualified and he deserves every opportunity to succeed John Ashcroft.

HEMMER: Listen, I don't want to get ahead of the story. Would he get confirmation, though, in the Senate?

BRAZILE: I'm sure after, you know, some time, some questioning, he will be confirmed.

HEMMER: OK. Donna, thanks.

BRAZILE: Thank you.

HEMMER: Donna Brazile there. Forty-eight states, huh?

BRAZILE: Yes.

(LAUGHTER)

HEMMER: That was cute. Talk to you later.

BRAZILE: Thanks. HEMMER: In a moment here, new research challenge a popular belief about preventing heart disease. We will have that story for you and a lot more right after this. Quick break. Back in a moment.

(COMMERCIAL BREAK)

O'BRIEN: A woman in New York City gave birth to healthy twins yesterday, making her a first-time mom, just shy of her 57th birthday. The big event made David Letterman's top ten list last night.

(BEGIN VIDEO CLIP)

DAVID LETTERMAN, TALK SHOW HOST: No. 5: don't have to worry about costly college tuition because you'll be dead.

No. 4: able to calm crying baby with soothing hum of your pacemaker.

No: 3: Fifty-seven? You're just a kid, provided you're a redwood tree or one of those giant turtles.

No. 2: when child asks where babies come from, you can honestly say you don't remember.

And the number one good thing about being a 57-year-old first- time mother, people are already saying, at least you're not 70, like Letterman!

There you go!

(LAUGHTER)

(END VIDEO CLIP)

HEMMER: Nice stuff.

O'BRIEN: Very funny.

HEMMER: Yes.

CAFFERTY: Coincidentally, we got a letter from a teacher in Texas named Margaret who said, "Judging from the ages of my students and how lazy they are in their college math classes, I'd say there will be a lot of them with mothers who are 77 by the time they graduate from college. The 57-year-old mother with twins will have plenty of company."

Bill pointed out that this lady will be 77 or 78 by the time the kids get out of school.

O'BRIEN: Hey, good for her.

CAFFERTY: Yes.

The question today has to do with this thing called the miracle pill that helps you lose weight, quit smoking and fight heart disease. That's kind of the trifecta of good news.

It's the first of a new class of drugs that fight cravings for things like food and nicotine. Short-term studies are promising, but like any drug there are bound to be side effects, and the long-term effects are still unknown. Nevertheless, some patients involved in the study are optimistic.

The question we're asking is this: how far are you willing to go in order to lose weight?

Tom in Alma, West Virginia, writes: "I weigh 450 pounds. Surgery scares me, so does death. I wish there was a pill. I take seven to nine every day already, along with three shots of insulin."

"Most of the people who tell me to quit eating eat twice as much as I do. I wish there was a pill. I'd take it."

Elizabeth in Wabash, Indiana, writes: "I've tried every diet in the world and I'm still fat. I exercise five days a week for an hour. I have great blood pressure, and all my levels are great, but I'm still fat. If there's a pill that can safely help, with only a few side effects, I'm all for it. And by the way, Jack, you rock!"

Thank you, Elizabeth.

But then there's this from Doug in Ontario: "Hemmer, great idea about a list of the dumb things Cafferty says. But do you think a three-hour show will be long enough?

HEMMER: Ooh. I didn't say "dumb things."

O'BRIEN: He didn't say "dumb things."

HEMMER: I said a list of things that Jack says.

CAFFERTY: You didn't say "dumb things?"

HEMMER: I think we can compile that once a week, actually. No, never -- no -- sharp, pointed, yes. Sometime smart.

O'BRIEN: Digging himself out.

CAFFERTY: Don't be trying to suck up to me. It's not going to work.

HEMMER: Well, maybe sometimes dumb.

O'BRIEN: You are welcome to suck up to me any time you want, Bill, just for the record.

Thanks, Jack.

Still to come this morning, the Wednesday edition of "90-Second Pop."

(BEGIN VIDEOTAPE) (MUSIC)

O'BRIEN (voice-over): Call it "The Apprentice" meets "Fear Factor." Richard Branson's "Rebel Billionaire" offers the biggest prize in reality TV history to someone willing to risk his life to win.

And is the world safe without 007? A leading actor refuses to play James Bond, but some new means might be ready for the role.

Stay with us. You're watching 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