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CNN Live At Daybreak

Allegations Iran Secretly Making Nuclear Weapons; Kobe Bryant Civil Suit

Aired November 17, 2004 - 05:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


CAROL COSTELLO, CNN ANCHOR: Good morning to you. Welcome to the second half hour of DAYBREAK. There is a lot going on this morning, let's check the headlines quickly.
House Republicans are moving to protect their majority leader, Tom DeLay, today. They are expected to make changes in their internal rules. The changes would let DeLay stay in his post, even if he is indicted in a campaign finance probe.

In northern Iraq the U.S. military says the city of Mosul is more secure this morning. U.S. forces say they've retaken some police stations and some other sites that had been overrun by insurgents.

Out in California a NASA jet lives up to its billing as the fastest in the world. NASA did a final test flight of the unmanned aircraft, which did manage to go nearly 10 times the speed of sound.

To the forecast center in Atlanta, good morning, Chad.

CHAD MYERS, CNN METEOROLOGIST: Actually, we have all kinds of great video of that. Behind me here, actually this is what you really could see if you zoomed in on it, Wile E. Coyote strapped to the rocket....

(LAUGHTER)

Man, he was going 9.8 mach, there. Really flying out there in California.

COSTELLO: You crack me up.

MYERS: Well, it is Warner Brothers.

(WEATHER FORECAST)

COSTELLO: More now on allegations that Iran is secretly making nuclear weapons. One Iranian opposition group is making claims this morning. CNN's Robin Oakley has been following this story. He joins us now from London.

Were you able to hear that press conference this morning, that news conference?

ROBIN OAKLEY, CNN EUROPEAN POLITICAL EDITOR: Well, we're waiting to hear the press conference later today, Carol, from the National Council of Resistance of Iran. They are the opposition group who are claiming that nuclear weapons materials, have materials that could help the assembly of weapons in due course, have been moved to a 60- acre site in the Labazan (ph) District of Tehran.

And this, of course, would be in total contravention of the assertions from the Iranian authorities that they have agreed to suspend all of their nuclear, uranium enrichment program and that they have no nuclear weapons program of any kind.

The agreement was struck at the weekend with the European Union, representatives from France, Germany and the U.K. They have been pushing for a long time, saying that you can get the best results with Iran by doing a deal in these terms, with increased trade and better diplomatic exchanges between Europe and Iran.

United States has been pretty skeptical of this all along and has been wanting the International Atomic Energy Agency to refer Iran and its possible weapons programs to the Security Council of the U.N. with a view to sanctions being imposed.

So if they allegations by the resistance group prove to have some validity today, then, obviously, the whole situation changes. And we're going to see some fairly dramatic action over the next few days.

The IAEA says it is investigating the report and we'll hear more from them in due course, Carol.

COSTELLO: All right. I have a few questions for you. This opposition group making these claims. They claim to have pictures of the nuclear facility, being moved. We saw those earlier on DAYBREAK.

Also this opposition group is on the United States' terror watch list. Tell us about that.

OAKLEY: Well, indeed. Because this is a group that has carried out assaults on civilians in the past, therefore, the State Department has placed it on its list of terrorist organizations. I has to be said that this group, some of the allegations that it has made in the past, have proved to be true. Some of them have proved to be untrue.

And, of course, people will be remembering that it was resistance groups with whom the repots of weapons of mass destruction in Iraq originated, that were later taken up and used by U.S. and U.K. authorities to justify the war against Saddam Hussein. So, obviously, there has to be some strong corroboration of these reports from something like the International Atomic Energy Agency, before anybody is going to take these things absolutely seriously.

There is an awful lot of initials in this particular story, I'm afraid.

COSTELLO: You got that right, the IAEA, we knew what you were trying to say.

We also got reaction from Iran's top nuclear negotiator, who, of course, is talking out against this opposition group's allegations. He said, "This allegation is timed to coincide with the next meeting of the board of governors of the IAEA. Every time just before the meeting there are these kind of allegations either from the United States or terrorists groups. And every time these allegations have proven to be false."

But you just told us, Robin, sometimes they have proved to be true?

OAKLEY: Well, indeed, there have been certain cases when they have proved to be true. And I think there are question marks about the behavior of the regime in Iran. Because after all the European Union negotiators did a deal with Iran a year ago, October 2003. And the Iranians later back out of that and the whole deal collapsed at a later stage.

What's been interesting is that following the deal done at the weekend, the Europeans have not been trumpeting this as a huge diplomatic success. While the Iranians have been saying it is a huge step forward and a really significant development. Europeans have been pretty quiet about it and just saying this is one step on a long road that has to be conducted further, Carol.

COSTELLO: Robin Oakley reporting live from London this morning. Thank you.

In Iraq, the U.S. military has stepped up operations against insurgents in Mosul. And Army official says all bridges in the city are closed to civilian traffic. Insurgents initially took over several police stations in Iraq's third largest city, but the military said that it has ousted those fighters.

Since the Iraq invasion last year, November has been the second deadliest month for U.S. service members. The Pentagon says U.S. deaths in Iraq are approaching 100. The worst month for U.S. forces was April of this year, when 135 Americans were killed, most of them in Falluja.

You are looking at live pictures of a memorial service in Ireland, for the International Care worker, Margaret Hassan, who was kidnapped in Iraq. Al Jazeera says a videotape the network received apparently shows Hassan's murder. Let's get more on the reaction in Europe to the apparent murder of Margaret Hassan, who was a director of Care International in Iraq. Our Senior International Editor David Clinch has more on that, he joins us live from London.

Good morning, David.

DAVID CLINCH, CNN SR. INTERNATIONAL EDITOR: Hi. Good morning, Carol.

Of course, we never really even knew which group took Margaret Hassan. The group obviously making clear what its goals were, very nihilistic goals, in some ways. They were expecting Britain to pull troops out of Iraq. That, of course, wasn't going to happen. At one point, the group that took her, again, not identifying themselves, suggested they were going to hand her over to a group sympathetic to Zarqawi, this man that the U.S. and Britain are putting behind a lot of these kinds of actions.

We don't know whether that happened or not, but we do know that this video came forward. We do know that Al Jazeera has it, but hasn't shown it. The general assumption at this point is that Margaret Hassan has been killed, that video apparently showing her death.

Now, of course, that is probably about as much energy as I'm prepared to give to try and understand why any group, no matter who it was, would do something like this. Someone who had dedicated almost her entire life to helping children in Iraq.

COSTELLO: Oh, it is just a terrible story. We saw the memorial services going on in Ireland.

Any other reaction out of Great Britain, this morning, David?

CLINCH: Well, yes. I mean, she was born in Ireland, spent most of her time growing up here in England. You can see the newspapers here, almost every paper, across the board, right wing to left wing, middle ground, all of them featuring the pictures of Margaret Hassan, "Killed Because She Cared", is the headline in the tabloids here.

And really, it has hit heartstrings in Britain, and in Ireland. She had inherited that sort of Irish sense of wanting to do something to help poor people and that resonates quite strongly here in Britain as well. People really in tears last night when hearing this news.

COSTELLO: Ah, David Clinch, live from London. Thanks so much.

It didn't get very far in criminal court but today Kobe Bryant's rape case unfolds in civil court. We'll tell you all about it at 43 minutes after.

And if you work a lot in front of a computer, you will need to watch our health report about glaucoma. That is at 50 minutes past.

Plus, our e-mail question of the morning: Is Condoleezza Rice the best choice for secretary of State?

We want to hear from you, Daybreak@cnn.com. But first, here is a look at what else is making news this Wednesday morning.

(GRAPHIC WITH HEADLINES)

(COMMERCIAL BREAK)

COSTELLO: Call it Kobe Bryant, Part II. The first hearing of the civil suit against him is set for today. But neither Bryant nor his accuser is expected to appear. CNN National Correspondent Gary Tuchman brings us up to date.

(BEGIN VIDEOTAPE) GARY TUCHMAN, CNN NATIONAL CORRESPONDENT (voice over): Kobe Bryant at the American Music Awards this week.

(APPLAUSE, SOME BOOING)

TUCHMAN: The court of public opinion is still out. Two and a half months after prosecutors decided not to proceed with a criminal rape trial against him.

But a different court will now deal with the situation. The case enters a civil courtroom, where Bryant would be compelled to testify in a trial. As of now, the case will be heard by Federal Judge Richard Meach (ph). The same judge who presided over the Oklahoma City bombing trials of Timothy McVeigh and Terry Nichols.

However, the accuser's attorneys say they might ask for the case to be moved to Bryant's home state of California, where there are no caps on financial rewards.

But there might not even be a trial, because of a possibility of an agreement between both sides.

CRAIG SILVERMAN, COLORADO ATTORNEY: Kobe Bryant has some incentive to settle and move on with his life. On the other hand, he could seek vindication through a trail, a civil trial, be it in California or Colorado.

TUCHMAN: One of the woman's attorneys, John Clune, says, "She wants to get her story out there. If it settles, it settles. If not, she will testify. There will not be a resolution like the criminal case."

TUCHMAN (on camera): In that case the woman said she no longer wanted to go forward. But in a civil trial she only needs a preponderance of the evidence, not proof beyond a reasonable doubt. During this first hearing the judge is expected to ask attorneys from both sides if they have discussed a settlement -- Gary Tuchman, CNN, Denver.

(END VIDEOTAPE)

COSTELLO: Your news, money, weather and sports it is 5:45 Eastern. Here's what is all new this morning.

The husband of Care International's Margaret Hassan is begging those who took her to tell him what they have done with her. A video has surfaced that apparently show Hassan being shot to death in Iraq.

A memorial service for Hassan is underway now in Ireland. And well, you are taking a look at live pictures. We'll get back to that soon.

Corruption in Iraq's Oil-For-Food Program, the House International Relations Committee holds a hearing on that today. Congressional investigators say Saddam Hussein diverted money from the U.N. program to pay millions of dollars to families of Palestinian suicide bombers. There are also concerns some U.N. officials were in on the scam.

In money news, Hewlett-Packard has beaten its own earnings expectations and Wall Street's projections. The computer and printer maker is reporting a income of more than $1 billion, that is a 27 percent increase in fourth quarter profits.

In culture, do not be surprised if you see David Lee Roth jumping out of a New York City ambulance. The singer is training to be a an emergency medical technician. He's been doing ride-alongs for the past several weeks.

Oh, it's a weird world.

In sports, Red Sox fans beware, ace pitcher Pedro Martinez and his agents met face to face with who? Guess who. New York Yankees owner George Steinbrenner. Martinez is a free agent and has been offered a two-year contract worth more than $25 million by the Sox.

So, the bidding war is on, Chad.

MYERS: Could he go on eBay?

(LAUGHTER)

Can he put himself on eBay? Oh.

COSTELLO: I'm still getting over David Lee Roth being an EMS worker.

MYERS: Yeah, exactly. You know sometimes you feel like you have to do something else.

(WEATHER FORECAST)

COSTELLO: This is the latest headlines for you this morning. Still to come on DAYBREAK, seeing -- or should I say not seeing -- is believing. We'll tell you why bleary eyes could lead to bigger problems for computer users.

And our e-mail question of the morning: She has been nominated for secretary of State, but is Condoleezza Rice the best choice? We want to know what you think this morning, the address, Daybreak@cnn.com.

And you are watching DAYBREAK for a Wednesday.

(COMMERCIAL BREAK)

COSTELLO: In "Health Headlines" , especially for those of you trying to lose weight this morning, try getting more sleep. It turns out there is a link between the amount of shut-eye you get and your risk of becoming obese. That is the surprising finding of a large study.

One of the researchers points to evidence of a link between sleep and the neural pathways that regulate food intake. Another weight loss study focuses on man's best friend. It is the first of its kind experiment to put people and their pets on a diet and exercise program. It found that both lost weight and kept it off. The lead researcher at Northwestern Medical School in Chicago says pets can help motivate and support those trying to shed the pounds. The study was funded by the maker of a diet dog food.

That is in the spirit of full disclosure for you this morning.

And it turns out an apple a day really does keep the doctor away. That is because strong anti-oxidants found in apples fight cell damage. And that is according to researchers at Cornell University.

For more on this or any other health story, head to our website, the address CNN.com/health.

And on the issue of your health, if you are in front of a computer, day in and day out, your eyes may be paying the price. CNN Medical Correspondent Christy Feig has more for you.

(BEGIN VIDEOTAPE)

CHRISTY FEIG, CNN MEDICAL CORRESPONDENT (voice over): If you spend nine hours a day or more looking at a computer screen, you may be at risk of developing glaucoma, according to a new Japanese study.

Researchers looked at more than 10,000 office workers whose average age was 43. More than 5 percent had vision problems, including glaucoma, linked to computer use. And 95 percent of that group were myopic, or near-sighted.

Glaucoma, a condition where the pressure of the fluid inside the eye rises and damages the optic nerve, can lead to gradual vision loss and is usually found in older people. There is no one cause of glaucoma, but risk factors include high blood pressure and diabetes.

And if you are dieting, a low-fat diet may be better at helping you keep the weight off than a diet low in carbohydrates. Researchers from Brown University found that regardless of how you shed those pounds. If you want to keep them off limit fat rather than carbs.

Doctors studied 27,000 people, mostly women, from 1995 through 2003, who initially lost an average of 72 pounds, and found that those that increased their fat intake over a year gained most of the weight back.

For Health Watch, I'm Christy Feig.

(END VIDEOTAPE)

COSTELLO: Here's what's all new in the next hour of DAYBREAK. Naked News, it grabs your attention, doesn't it? And during sweeps week stations across the nation are banking on keeping it. But has one Ohio station gone too far?

Have car, will travel, might be exactly what you plan to do this holiday season, because the airlines are plagued with problems. Our Ali Velshi looks at what could keep you on the ground for the holidays.

And today's question: The broadcast of what TV special outraged viewers on this day in 1968? Oh, that's a good one this morning.

From New York, this is DAYBREAK for a Wednesday.

(COMMERCIAL BREAK)

COSTELLO: All right our history and trivia question for the day is: The broadcast of what TV special outraged viewers on this day back in 1968?

The answer is: "Heidi", not Heidi Collins, but "Heidi" the one with the pigtails. In 1968 NBC cut away from the final minutes of a New York Jets/Oakland Raiders game to air the special on schedule. Remember that?

The Raiders came from behind to beat the Jets, 43/32, but no one was watching television then.

No one was watching television because they were watching, "Heidi".

(LAUGHTER)

Do you remember that, Chad?

MYERS: I don't. I remember that at all.

COSTELLO: You were a little tiny boy.

MYERS: I was only five.

COSTELLO: Yes.

For some reason that stands out in my mind, maybe I learned about it in college.

MYERS: It is funny to see the goalposts up front, though. You know how they are always in the back now? That is the way you know it is an old video.

COSTELLO: Those old pictures look so antiquated now. It looks like it was 100 years ago.

Time to read some e-mails now. The question of the day: Do you think that Condoleezza Rice is the best choice for secretary of State. And we got some, yes, some no, and some in the middle, Chad.

MYERS: Yes, very few in the middle. It is black and white, not too much gray.

COSTELLO: Yes. We are going to stick with red and blue here this morning. MYERS: Fair enough.

COSTELLO: OK, this is from, oh you didn't give your name. Oh, Mary Lou, yes, you did. I apologize.

Mary Lou from Indiana, she says, "No, Condoleezza Rice is not the best person for the job. In her stated objective she emphasized pushing democracy everyplace she can. Her job is to work with world leaders to reach compromises that will help the U.S. as well as other countries, not push her weight around. Giuliani would have been a great secretary of State.

This is from Gary, from Rockford, Illinois. He says, "President Bush has lost a close advisor, but the choice that he made was the best choice that any president could have made. Condoleezza I think will be a tough, no-bull, kind of secretary of State. So here is my last word: Don't mess around with her or you have made it your last."

Whoa. Tough words from Gary this morning.

And here's one that is kind of, sort of, in the middle. This is from Scott.

He says, "She is the perfect choice for the president if the president's aim is to surround himself only with those who will echo his opinions. If he wants real dialogue when issues arise, he should have looked elsewhere."

Thank you for your e-mails this morning. We're going to talk much more about this topic in the next hour of DAYBREAK.

By the way, the next hour of DAYBREAK starts right now.

Straight ahead, developing nukes in Iran? We have new information this morning about an alleged secret program.

Plus, this winter, you want to see the white sandy beaches? But the airline that will get you there is seeing red on the balance sheet? We'll tell you what you need to know before you buy that plane ticket.

And it is November sweeps time for your local TV stations. You know what that means? Scandalous headlines, and anything that will get your attention, but some are saying that one Ohio station has gone too far this time.

It is Wednesday, November 17. This is DAYBREAK.

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 17, 2004 - 05:30   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Good morning to you. Welcome to the second half hour of DAYBREAK. There is a lot going on this morning, let's check the headlines quickly.
House Republicans are moving to protect their majority leader, Tom DeLay, today. They are expected to make changes in their internal rules. The changes would let DeLay stay in his post, even if he is indicted in a campaign finance probe.

In northern Iraq the U.S. military says the city of Mosul is more secure this morning. U.S. forces say they've retaken some police stations and some other sites that had been overrun by insurgents.

Out in California a NASA jet lives up to its billing as the fastest in the world. NASA did a final test flight of the unmanned aircraft, which did manage to go nearly 10 times the speed of sound.

To the forecast center in Atlanta, good morning, Chad.

CHAD MYERS, CNN METEOROLOGIST: Actually, we have all kinds of great video of that. Behind me here, actually this is what you really could see if you zoomed in on it, Wile E. Coyote strapped to the rocket....

(LAUGHTER)

Man, he was going 9.8 mach, there. Really flying out there in California.

COSTELLO: You crack me up.

MYERS: Well, it is Warner Brothers.

(WEATHER FORECAST)

COSTELLO: More now on allegations that Iran is secretly making nuclear weapons. One Iranian opposition group is making claims this morning. CNN's Robin Oakley has been following this story. He joins us now from London.

Were you able to hear that press conference this morning, that news conference?

ROBIN OAKLEY, CNN EUROPEAN POLITICAL EDITOR: Well, we're waiting to hear the press conference later today, Carol, from the National Council of Resistance of Iran. They are the opposition group who are claiming that nuclear weapons materials, have materials that could help the assembly of weapons in due course, have been moved to a 60- acre site in the Labazan (ph) District of Tehran.

And this, of course, would be in total contravention of the assertions from the Iranian authorities that they have agreed to suspend all of their nuclear, uranium enrichment program and that they have no nuclear weapons program of any kind.

The agreement was struck at the weekend with the European Union, representatives from France, Germany and the U.K. They have been pushing for a long time, saying that you can get the best results with Iran by doing a deal in these terms, with increased trade and better diplomatic exchanges between Europe and Iran.

United States has been pretty skeptical of this all along and has been wanting the International Atomic Energy Agency to refer Iran and its possible weapons programs to the Security Council of the U.N. with a view to sanctions being imposed.

So if they allegations by the resistance group prove to have some validity today, then, obviously, the whole situation changes. And we're going to see some fairly dramatic action over the next few days.

The IAEA says it is investigating the report and we'll hear more from them in due course, Carol.

COSTELLO: All right. I have a few questions for you. This opposition group making these claims. They claim to have pictures of the nuclear facility, being moved. We saw those earlier on DAYBREAK.

Also this opposition group is on the United States' terror watch list. Tell us about that.

OAKLEY: Well, indeed. Because this is a group that has carried out assaults on civilians in the past, therefore, the State Department has placed it on its list of terrorist organizations. I has to be said that this group, some of the allegations that it has made in the past, have proved to be true. Some of them have proved to be untrue.

And, of course, people will be remembering that it was resistance groups with whom the repots of weapons of mass destruction in Iraq originated, that were later taken up and used by U.S. and U.K. authorities to justify the war against Saddam Hussein. So, obviously, there has to be some strong corroboration of these reports from something like the International Atomic Energy Agency, before anybody is going to take these things absolutely seriously.

There is an awful lot of initials in this particular story, I'm afraid.

COSTELLO: You got that right, the IAEA, we knew what you were trying to say.

We also got reaction from Iran's top nuclear negotiator, who, of course, is talking out against this opposition group's allegations. He said, "This allegation is timed to coincide with the next meeting of the board of governors of the IAEA. Every time just before the meeting there are these kind of allegations either from the United States or terrorists groups. And every time these allegations have proven to be false."

But you just told us, Robin, sometimes they have proved to be true?

OAKLEY: Well, indeed, there have been certain cases when they have proved to be true. And I think there are question marks about the behavior of the regime in Iran. Because after all the European Union negotiators did a deal with Iran a year ago, October 2003. And the Iranians later back out of that and the whole deal collapsed at a later stage.

What's been interesting is that following the deal done at the weekend, the Europeans have not been trumpeting this as a huge diplomatic success. While the Iranians have been saying it is a huge step forward and a really significant development. Europeans have been pretty quiet about it and just saying this is one step on a long road that has to be conducted further, Carol.

COSTELLO: Robin Oakley reporting live from London this morning. Thank you.

In Iraq, the U.S. military has stepped up operations against insurgents in Mosul. And Army official says all bridges in the city are closed to civilian traffic. Insurgents initially took over several police stations in Iraq's third largest city, but the military said that it has ousted those fighters.

Since the Iraq invasion last year, November has been the second deadliest month for U.S. service members. The Pentagon says U.S. deaths in Iraq are approaching 100. The worst month for U.S. forces was April of this year, when 135 Americans were killed, most of them in Falluja.

You are looking at live pictures of a memorial service in Ireland, for the International Care worker, Margaret Hassan, who was kidnapped in Iraq. Al Jazeera says a videotape the network received apparently shows Hassan's murder. Let's get more on the reaction in Europe to the apparent murder of Margaret Hassan, who was a director of Care International in Iraq. Our Senior International Editor David Clinch has more on that, he joins us live from London.

Good morning, David.

DAVID CLINCH, CNN SR. INTERNATIONAL EDITOR: Hi. Good morning, Carol.

Of course, we never really even knew which group took Margaret Hassan. The group obviously making clear what its goals were, very nihilistic goals, in some ways. They were expecting Britain to pull troops out of Iraq. That, of course, wasn't going to happen. At one point, the group that took her, again, not identifying themselves, suggested they were going to hand her over to a group sympathetic to Zarqawi, this man that the U.S. and Britain are putting behind a lot of these kinds of actions.

We don't know whether that happened or not, but we do know that this video came forward. We do know that Al Jazeera has it, but hasn't shown it. The general assumption at this point is that Margaret Hassan has been killed, that video apparently showing her death.

Now, of course, that is probably about as much energy as I'm prepared to give to try and understand why any group, no matter who it was, would do something like this. Someone who had dedicated almost her entire life to helping children in Iraq.

COSTELLO: Oh, it is just a terrible story. We saw the memorial services going on in Ireland.

Any other reaction out of Great Britain, this morning, David?

CLINCH: Well, yes. I mean, she was born in Ireland, spent most of her time growing up here in England. You can see the newspapers here, almost every paper, across the board, right wing to left wing, middle ground, all of them featuring the pictures of Margaret Hassan, "Killed Because She Cared", is the headline in the tabloids here.

And really, it has hit heartstrings in Britain, and in Ireland. She had inherited that sort of Irish sense of wanting to do something to help poor people and that resonates quite strongly here in Britain as well. People really in tears last night when hearing this news.

COSTELLO: Ah, David Clinch, live from London. Thanks so much.

It didn't get very far in criminal court but today Kobe Bryant's rape case unfolds in civil court. We'll tell you all about it at 43 minutes after.

And if you work a lot in front of a computer, you will need to watch our health report about glaucoma. That is at 50 minutes past.

Plus, our e-mail question of the morning: Is Condoleezza Rice the best choice for secretary of State?

We want to hear from you, Daybreak@cnn.com. But first, here is a look at what else is making news this Wednesday morning.

(GRAPHIC WITH HEADLINES)

(COMMERCIAL BREAK)

COSTELLO: Call it Kobe Bryant, Part II. The first hearing of the civil suit against him is set for today. But neither Bryant nor his accuser is expected to appear. CNN National Correspondent Gary Tuchman brings us up to date.

(BEGIN VIDEOTAPE) GARY TUCHMAN, CNN NATIONAL CORRESPONDENT (voice over): Kobe Bryant at the American Music Awards this week.

(APPLAUSE, SOME BOOING)

TUCHMAN: The court of public opinion is still out. Two and a half months after prosecutors decided not to proceed with a criminal rape trial against him.

But a different court will now deal with the situation. The case enters a civil courtroom, where Bryant would be compelled to testify in a trial. As of now, the case will be heard by Federal Judge Richard Meach (ph). The same judge who presided over the Oklahoma City bombing trials of Timothy McVeigh and Terry Nichols.

However, the accuser's attorneys say they might ask for the case to be moved to Bryant's home state of California, where there are no caps on financial rewards.

But there might not even be a trial, because of a possibility of an agreement between both sides.

CRAIG SILVERMAN, COLORADO ATTORNEY: Kobe Bryant has some incentive to settle and move on with his life. On the other hand, he could seek vindication through a trail, a civil trial, be it in California or Colorado.

TUCHMAN: One of the woman's attorneys, John Clune, says, "She wants to get her story out there. If it settles, it settles. If not, she will testify. There will not be a resolution like the criminal case."

TUCHMAN (on camera): In that case the woman said she no longer wanted to go forward. But in a civil trial she only needs a preponderance of the evidence, not proof beyond a reasonable doubt. During this first hearing the judge is expected to ask attorneys from both sides if they have discussed a settlement -- Gary Tuchman, CNN, Denver.

(END VIDEOTAPE)

COSTELLO: Your news, money, weather and sports it is 5:45 Eastern. Here's what is all new this morning.

The husband of Care International's Margaret Hassan is begging those who took her to tell him what they have done with her. A video has surfaced that apparently show Hassan being shot to death in Iraq.

A memorial service for Hassan is underway now in Ireland. And well, you are taking a look at live pictures. We'll get back to that soon.

Corruption in Iraq's Oil-For-Food Program, the House International Relations Committee holds a hearing on that today. Congressional investigators say Saddam Hussein diverted money from the U.N. program to pay millions of dollars to families of Palestinian suicide bombers. There are also concerns some U.N. officials were in on the scam.

In money news, Hewlett-Packard has beaten its own earnings expectations and Wall Street's projections. The computer and printer maker is reporting a income of more than $1 billion, that is a 27 percent increase in fourth quarter profits.

In culture, do not be surprised if you see David Lee Roth jumping out of a New York City ambulance. The singer is training to be a an emergency medical technician. He's been doing ride-alongs for the past several weeks.

Oh, it's a weird world.

In sports, Red Sox fans beware, ace pitcher Pedro Martinez and his agents met face to face with who? Guess who. New York Yankees owner George Steinbrenner. Martinez is a free agent and has been offered a two-year contract worth more than $25 million by the Sox.

So, the bidding war is on, Chad.

MYERS: Could he go on eBay?

(LAUGHTER)

Can he put himself on eBay? Oh.

COSTELLO: I'm still getting over David Lee Roth being an EMS worker.

MYERS: Yeah, exactly. You know sometimes you feel like you have to do something else.

(WEATHER FORECAST)

COSTELLO: This is the latest headlines for you this morning. Still to come on DAYBREAK, seeing -- or should I say not seeing -- is believing. We'll tell you why bleary eyes could lead to bigger problems for computer users.

And our e-mail question of the morning: She has been nominated for secretary of State, but is Condoleezza Rice the best choice? We want to know what you think this morning, the address, Daybreak@cnn.com.

And you are watching DAYBREAK for a Wednesday.

(COMMERCIAL BREAK)

COSTELLO: In "Health Headlines" , especially for those of you trying to lose weight this morning, try getting more sleep. It turns out there is a link between the amount of shut-eye you get and your risk of becoming obese. That is the surprising finding of a large study.

One of the researchers points to evidence of a link between sleep and the neural pathways that regulate food intake. Another weight loss study focuses on man's best friend. It is the first of its kind experiment to put people and their pets on a diet and exercise program. It found that both lost weight and kept it off. The lead researcher at Northwestern Medical School in Chicago says pets can help motivate and support those trying to shed the pounds. The study was funded by the maker of a diet dog food.

That is in the spirit of full disclosure for you this morning.

And it turns out an apple a day really does keep the doctor away. That is because strong anti-oxidants found in apples fight cell damage. And that is according to researchers at Cornell University.

For more on this or any other health story, head to our website, the address CNN.com/health.

And on the issue of your health, if you are in front of a computer, day in and day out, your eyes may be paying the price. CNN Medical Correspondent Christy Feig has more for you.

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CHRISTY FEIG, CNN MEDICAL CORRESPONDENT (voice over): If you spend nine hours a day or more looking at a computer screen, you may be at risk of developing glaucoma, according to a new Japanese study.

Researchers looked at more than 10,000 office workers whose average age was 43. More than 5 percent had vision problems, including glaucoma, linked to computer use. And 95 percent of that group were myopic, or near-sighted.

Glaucoma, a condition where the pressure of the fluid inside the eye rises and damages the optic nerve, can lead to gradual vision loss and is usually found in older people. There is no one cause of glaucoma, but risk factors include high blood pressure and diabetes.

And if you are dieting, a low-fat diet may be better at helping you keep the weight off than a diet low in carbohydrates. Researchers from Brown University found that regardless of how you shed those pounds. If you want to keep them off limit fat rather than carbs.

Doctors studied 27,000 people, mostly women, from 1995 through 2003, who initially lost an average of 72 pounds, and found that those that increased their fat intake over a year gained most of the weight back.

For Health Watch, I'm Christy Feig.

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COSTELLO: Here's what's all new in the next hour of DAYBREAK. Naked News, it grabs your attention, doesn't it? And during sweeps week stations across the nation are banking on keeping it. But has one Ohio station gone too far?

Have car, will travel, might be exactly what you plan to do this holiday season, because the airlines are plagued with problems. Our Ali Velshi looks at what could keep you on the ground for the holidays.

And today's question: The broadcast of what TV special outraged viewers on this day in 1968? Oh, that's a good one this morning.

From New York, this is DAYBREAK for a Wednesday.

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COSTELLO: All right our history and trivia question for the day is: The broadcast of what TV special outraged viewers on this day back in 1968?

The answer is: "Heidi", not Heidi Collins, but "Heidi" the one with the pigtails. In 1968 NBC cut away from the final minutes of a New York Jets/Oakland Raiders game to air the special on schedule. Remember that?

The Raiders came from behind to beat the Jets, 43/32, but no one was watching television then.

No one was watching television because they were watching, "Heidi".

(LAUGHTER)

Do you remember that, Chad?

MYERS: I don't. I remember that at all.

COSTELLO: You were a little tiny boy.

MYERS: I was only five.

COSTELLO: Yes.

For some reason that stands out in my mind, maybe I learned about it in college.

MYERS: It is funny to see the goalposts up front, though. You know how they are always in the back now? That is the way you know it is an old video.

COSTELLO: Those old pictures look so antiquated now. It looks like it was 100 years ago.

Time to read some e-mails now. The question of the day: Do you think that Condoleezza Rice is the best choice for secretary of State. And we got some, yes, some no, and some in the middle, Chad.

MYERS: Yes, very few in the middle. It is black and white, not too much gray.

COSTELLO: Yes. We are going to stick with red and blue here this morning. MYERS: Fair enough.

COSTELLO: OK, this is from, oh you didn't give your name. Oh, Mary Lou, yes, you did. I apologize.

Mary Lou from Indiana, she says, "No, Condoleezza Rice is not the best person for the job. In her stated objective she emphasized pushing democracy everyplace she can. Her job is to work with world leaders to reach compromises that will help the U.S. as well as other countries, not push her weight around. Giuliani would have been a great secretary of State.

This is from Gary, from Rockford, Illinois. He says, "President Bush has lost a close advisor, but the choice that he made was the best choice that any president could have made. Condoleezza I think will be a tough, no-bull, kind of secretary of State. So here is my last word: Don't mess around with her or you have made it your last."

Whoa. Tough words from Gary this morning.

And here's one that is kind of, sort of, in the middle. This is from Scott.

He says, "She is the perfect choice for the president if the president's aim is to surround himself only with those who will echo his opinions. If he wants real dialogue when issues arise, he should have looked elsewhere."

Thank you for your e-mails this morning. We're going to talk much more about this topic in the next hour of DAYBREAK.

By the way, the next hour of DAYBREAK starts right now.

Straight ahead, developing nukes in Iran? We have new information this morning about an alleged secret program.

Plus, this winter, you want to see the white sandy beaches? But the airline that will get you there is seeing red on the balance sheet? We'll tell you what you need to know before you buy that plane ticket.

And it is November sweeps time for your local TV stations. You know what that means? Scandalous headlines, and anything that will get your attention, but some are saying that one Ohio station has gone too far this time.

It is Wednesday, November 17. This is DAYBREAK.

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