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CNN Live At Daybreak
Bigley Hostage House Found in Falluja?; Penalty Phase to Begin in Scott Peterson Case
Aired November 22, 2004 - 06:00 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.
CAROL COSTELLO, CNN ANCHOR: New this morning, a shocking discovery. A secret hostage house uncovered. The U.S. military believes it's where this man, Ken Bigley, was killed.
Plus, the shootout in the forest. Five are dead. This morning, police are asking what happened in the woods of Wisconsin.
Also, the fight no one can stop talking about -- the Pistons and Pacers and the hoop hell in Detroit. Who's to blame here anyway?
And shoes a computer chips, self-adhesive goggles and a go car -- an inside look at some of the inventions of 2004.
It is Monday, November 22.
This is DAYBREAK.
And good morning to you.
Thank you for waking up with us.
I'm Carol Costello along with Chad Myers.
Let's check out the latest headlines now, shall we?
Air Force One and President Bush are en route to Colombia right now. Security will be tight. Some 15,000 troops as well as a couple of submarines are providing security.
On his Mideast mission, Secretary of State Colin Powell is meeting with both Israeli and Palestinian officials. Powell says President Bush is determined to revive peace talks in the wake of Palestinian leader Yasser Arafat's death.
Convicted wife killer Scott Peterson heads back to court today. This marks the beginning of the sentencing phase of his trial.
And in southeast Texas, Highway 59 is under water. Twelve to 15 inches of rain fell across several counties on Sunday. Two hundred fifty residents of El Campo had to be evacuated.
Any end in sight -- Chad.
CHAD MYERS, CNN METEOROLOGIST: Not really, Carol. More rain today, not right now specifically for the same counties that had the rain showers yesterday and the flooding, but more rain coming through that same area.
If we show you the map here, it's kind of an ugly looking color. This is not a local radar right now. This is how much rain actually fell. Here's Houston, the coastline of Texas and the area just to the southwest of Houston. This is the area right there where some spots had 15 inches, that dark purple right there, 15 inches of rain yesterday and more to come today.
If that was centered right over Houston, there would have been really ugly weather there.
(WEATHER REPORT)
COSTELLO: Grim details out of Iraq this morning. A cage and shackles were found in a house in central Falluja. U.S. officials believe it's where insurgents held foreign hostages and where they killed one of them.
CNN's Jane Arraf is embedded with some U.S. soldiers near Falluja.
She has more details.
Were you inside that house -- Jane?
JANE ARRAF, CNN BAGHDAD BUREAU CHIEF: Carol, I was not. But some of the people who have been, and it is (AUDIO GAP)...
COSTELLO: Oh, we're having some trouble with Jane's connection.
But, again, the U.S. military believes it found the house where some of these hostages were beheaded. As soon as we get Jane back on the line, we'll get back to her. She has some fascinating new information for us this morning.
As Iraq looks forward to national elections on January 30, other nations are discussing how to pave the way for a smooth vote. Egypt this morning is hosting a conference of donor nations to focus on ways to restore stability in Iraq. The meeting includes foreign ministers from half a dozen of Iraq's neighboring nations.
All right, we have Jane Arraf back on the phone line right now.
Jane, can you hear us?
ARRAF: Carol, I sure can.
It was an ordinary looking house, apparently, Carol, but horrific secrets inside. Now, we've spoken to people who have been in that house and they say that they were led to it by someone who may have been involved, actually, a detainee who was found by Iraqi security forces and led to a house where they found a cage that looks identical to that depicted in the video of Ken Bigley just before he was beheaded.
Now, this cage is made of chicken wire with plywood with a brick wall behind it. It matches exactly, according to military sources, the scene (AUDIO GAP)...
COSTELLO: All right, we've lost Jane again.
But as you heard her say, they did find that house and evidence that Ken Bigley was, indeed, killed in this house.
We'll have more from Jane as we get it in from Falluja.
As you might imagine, it's difficult to have a cell phone conversation from there.
Word in this morning from the head of the U.N. nuclear agency. Mohamed ElBaradei says it appears Iran has followed through on a pledge to suspend a key part of its nuclear program to ease fears that it's trying to develop nuclear weapons. But U.S. officials remain suspicious.
Senator John McCain even suggests U.S. forces -- U.S. force might be needed if Iran does not stick to its promises.
(BEGIN VIDEO CLIP)
SEN. JOHN MCCAIN (R), ARIZONA: And at the end of the day, it's the United States of America that may have to act if we act. But I hope that we can dissuade them through other means. Of course, the first attempt would be to get the United Nations Security Council to impose sanctions.
So we'll see. But it's a very great challenge.
(END VIDEO CLIP)
COSTELLO: Iran says its nuclear program is peaceful and is used only for generating electricity.
Homeland Security Secretary Tom Ridge says he wants Americans to be ready to deal with terrorism so his department is launching a so- called ready campaign. The campaign, featuring public service ads, is aimed at teaching Americans how to prepare for and respond to potential terror attacks. As for more details, tune into CNN's "AMERICAN MORNING." Tom Ridge himself will be a guest. That's in the 7:00 a.m. Eastern hour.
In news across America this morning, an investigation under way after hidden cameras caught a number of police officers at Los Angeles International Airport abandoning their duties. A local TV report found airport police ignoring emergency radio calls and actually leaving the airport while on duty. The lax police chief says two officers have already been suspended.
Two Moroccan men are taken off a flight to Washington after one of them appeared on the government's no fly list. The flight from Paris was diverted to Bangor, Maine on Saturday night. Officials are investigating how the man was able to board the flight in Paris in the first place. The men will be flown back to Paris in the next couple of days. One suspect now in custody in connection with the shooting deaths of five hunters in Wisconsin. The shootings were apparently sparked by an argument over a hunting spot during the opening of deer season. A woman and a teenaged boy were among the victims. Three other hunters were injured in the exchange.
In Redwood City, California, Scott Peterson will be in court to learn if he will live or die. Testimony in the penalty phase is set to begin shortly and Peterson's attorney, Mark Geragos, will have a tough fight.
Let's head live to Miami now and our legal analyst, Kendall Coffey.
Good morning -- Kendall.
KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning, Carol.
COSTELLO: So after telling the jury his client was "stone cold innocent," Geragos now has to go before them and do what?
COFFEY: He's got to do a complete reversal in the sense that now he's got to not say a word about guilt or innocence. And he's lost some credibility with this jury. It's going to be real simple, Carol. What the defense is going to do, from their standpoint, is an unmitigated plea for compassion. You will see the parents of Scott Peterson, other close family members, talking about every anecdote of kindness, every reason why the jury should consider him fit to live, even though the crime that they found he committed is truly a horrible one.
COSTELLO: OK, we're going to talk about the compassion part of this in a second.
Let's talk about humble and being humble. Humble is not exactly Mark Geragos' middle name. Maybe he can't appeal to the jury.
Could his assistant take over, his assist?
COFFEY: That's a very productive strategy sometimes because Geragos has put his credibility, his confidence, his basic view that there wasn't even going to be a penalty phase, because his client was going to be acquitted, that was put on the line and the jury has utterly rejected it.
So it may well be that in presenting this part of the case, they go to the second lawyer in the case and try a different approach, a somewhat, as you say, more humble and hopefully a much more compassion inspiring approach.
COSTELLO: Yes, well, let's talk about the compassion issue. Geragos spent the entire trial telling the jury his client was a cad. He knows he's a cad. Now he has to evoke sympathy for Scott Peterson?
COFFEY: It's going to be a tough sell. But when the parents of someone get on, and the parents are sympathetic in this case, and when they talk about the good son he's been, when they talk about someone whose life, other than this, has been absolutely trouble free, there is certainly a hope, not an overwhelming probability, but a hope that the defense can somehow get somebody on the jury to agree to spare his life.
An remember, Carol, it requires a unanimous jury to decide this. So we have yet another prospect of perhaps extended jury deliberations. Hopefully not the kind of jury controversies we had during the guilt or innocence phase.
COSTELLO: Man, I hope so.
The last question, about this change of venue for the penalty phase, any movement on that?
COFFEY: No, no possibility, Carol. There may be issues down the road, but they're going to center on these unusual jury deliberations. The issue of venue and a new jury, that's not going anywhere.
COSTELLO: Kendall Coffey live from Miami.
Thanks for joining DAYBREAK this morning.
COFFEY: Hey, thanks.
COSTELLO: You might have heard about the meltdown in Motown. Oh, I bet you did. Now a few Pistons and a few Pacers are sitting out, oh, more than a few games. A Pistons' fans point of view in six minutes.
What's it take to make the cover of "Time" magazine? It takes going into orbit not once but three times. We'll have details for you in 14 minutes.
But first, here's a look at what else is making news this Monday morning.
(COMMERCIAL BREAK)
(STOCK MARKET REPORT)
COSTELLO: Your news, money, weather and sports.
It is 6:12 Eastern.
Here's what's all new this morning.
A grim discovery in Iraq. U.S. Marines find several houses where people were tortured and killed. One of them is believed to be the site where British hostage Kenneth Bigley was beheaded after being kidnapped in Baghdad in mid-September.
Eighty thousand people packed the Rose Bowl in Pasadena to hear the Reverend Billy Graham's last sermon in California. It marked the 55th anniversary of the revival that brought Graham to national attention. Last night's sermon wraps up a four day crusade for the 86-year-old preacher.
In money news, Donald Trump's casino business has filed for bankruptcy. It's more than a billion, a billion dollars in debt. The move should allow Trump to restructure his casino operations in Atlantic City. This is the second bankruptcy filing for Trump's casino interests.
In culture, weekend moviegoers chose Nicolas Cage over Spongebob Squarepants. Cage's "National Treasure" was tops at the box office, with $35 million worth of ticket sales. Spongebob was a close second, though, $33.5 million.
In sports, OK, Chad, here it is, Kurt Busch wins the first ever NASCAR Nextel Cup. His final 16 point margin over Jeff Gordon is the closest finish in NASCAR history.
Come on, Chad, chime in. I know you want to.
MYERS: Yes, but if NASCAR didn't mess up with all those things earlier, with the drop your points and all that, Jeff Gordon would have won by a landslide. So, yes, if you knock on everybody's points, you can get the closest finish in history. Wow! That's amazing. That's a revelation. I can't believe it.
All right, and congratulations to Kurt. He actually, he's a really good guy and he's a friend of mine from the ASA days.
(WEATHER REPORT)
COSTELLO: Those are the latest headlines for you now.
As we told you earlier on DAYBREAK, Colin Powell is in the Middle East. He's going to be talking to the Israelis and the Palestinians. He's in Jericho this morning.
Let's listen to what he has to say.
(BEGIN VIDEO CLIP)
COLIN POWELL, SECRETARY OF STATE: The Israeli authorities said to me earlier that they will do everything that they can to permit freedom of movement and access for candidates, as well as for voters on election day. And both sides seem confident that they'll be able to work out a solution for the question of people living in Jerusalem to have their ballots counted, as well. And both sides believe that the model that was used in 1996 is the model that should be applicable to the current situation.
I brought to the Palestinian leaders our sympathies over the death of Chairman Arafat, who meant so much to the Palestinian people. But then we talked about the opportunities now to move forward, the opportunities for them to aggressively pursue a reform agenda. And they talked about what they are doing with respect to the consolidation of security forces under the minister of interior and reporting to the prime minister and the council of government and some of the other reform efforts that they have underway. And they have financial needs and I will be discussing those financial needs with my quartet partners in Sharm el-Sheikh tomorrow. And then when I get back to Washington examining what we might be able to do to assist them.
The issue of security was discussed in both Jerusalem this morning and here in Jericho. In order for this process to move forward and for us to achieve our goals of a Palestinian state that will be living in peace side-by-side with Israel, we have to make sure that terrorists are not permitted to once again stop this process and both sides understand the need for ending terror and ending the incitement to terror and providing security for people so that they can live safely in their homes, wherever those homes may be in this land.
And so I thanked my Palestinian colleagues for their commitment to moving forward and I said to them that the cooperation we have seen in recent weeks, since the death of Chairman Arafat, as they worked through the funeral arrangements and arranged for security during the funeral proceedings is perhaps indicative of what can be achieved in the months ahead as they go to elections and from there on to the disengagement process from Gaza later in the summer.
Both sides expressed their complete commitment to the road map as the only way forward and no jumping over steps in the road map, moving through the road map as it was intended to be used.
I will be conveying these messages to my quartet partners tomorrow, as I mentioned, and I also look forward to discussing these matters with other leaders who will be attending the summit meeting of ministers at Sharm el-Sheikh tomorrow.
I'll take some questions and then move on.
A question?
QUESTION: I think there's a gentleman from "Al Kuds" down here.
QUESTION: I'm (UNINTELLIGIBLE) from "Al Kuds" newspaper.
My first question is that what the -- can you give us some detail of what specifically you discussed with the Palestinians leaders. And you already said you're going to support the election. And could you (UNINTELLIGIBLE) support it in this situation in the West Bank and Gaza closure and the wall and all these (UNINTELLIGIBLE)?
POWELL: In order for the election to be held in a successful way, there needs to be a greater openness and access so people can participate in the debate over the various candidates and so that they can actually vote. The Palestinian Authority leaders I spoke to yesterday -- today, rather -- made it clear that this was a requirement. There's also a requirement to find a way to have the voters in Jerusalem participate.
We discussed in some detail the reform efforts they have under way, discussed in some detail the financial needs they have and committed ourselves once again not to unilateral action, but to actions that are consistent with the road map.
The United States will help by our political support, our diplomatic support, working with the international community for whatever international support might be required in the form of observers. And there is a need for some financial support, which I'll be talking to the international community about.
I can't give you specifics on financial support right now until I've had a chance to examine what the United States is able to do, as well as what other members of the international community are able to do.
UNIDENTIFIED MALE: The reporter from NBC?
QUESTION: Mr. Secretary, if I could ask a little bit more about the possible U.S. assistance, first in terms of observers. You mentioned international observers. Is there an intention for the U.S. to send observers? And, also, on the financial piece of it...
COSTELLO: And you have been listening to Secretary of State Colin Powell speaking to reporters in Jericho. He has met with both Israeli leaders and Palestinian leaders, with the Israelis promising to do everything it can to ease conditions for Palestinian presidential elections to be held early in the new year.
Still to come on DAYBREAK, shock in a hunting community.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: This is completely nuts.
(END VIDEO CLIP)
COSTELLO: What happened in the woods? Piecing together a confusing crime.
You are watching DAYBREAK.
(COMMERCIAL BREAK)
COSTELLO: Whatever you call it, the melee in Motown or basket brawl, oh, certainly you've seen this by now. It was late in the game, but apparently the Pistons and the Pacers, and even the fans, still had some fight left in them. Flying cups of beer spilled out of the bleachers and players spilled into the stands with fists flying. The rest, as they say, is history.
(BEGIN VIDEO CLIP)
DAVID STERN, NBA COMMISSIONER: We have to make the point that there are boundaries in our games and that one of those boundaries which is, has always been but is hereby announced to be immutable, is the boundary that separates the fans from the court. And players cannot lose control and go into the stands. And we have to -- there's a corollary, which is we have to hold fans accountable for their anti- social behavior, as well. (END VIDEO CLIP)
COSTELLO: A total of nine players, both Pistons and Pacers, are suspended without pay. Indiana's Ron Artest got the stiffest penalty, suspended for the reminder of the season, all 73 games. These players drew suspensions for leaving the bench. You can read them off their screen. You can see Reggie Miller, Chauncey Billups, Elden Campbell and Derrick Coleman.
Ven Johnson was in the stands with his 11-year-old son when that soft drink or whatever it was flew overhead and hit Pacer Ron Artest. As you know, he laid on top of the scorer's table.
Ven is live on the phone with us now.
Good morning.
VEN JOHNSON: Good morning, Carol.
COSTELLO: Ven, your son felt some liquid fall onto his shoulder as that drink flew toward Artest. All hell broke loose after that.
What was going through your head?
JOHNSON: Carol, I was terrified for the safety of my son. Here we are at a game just trying to hang out and enjoy our time together and they clearly lost control on the court and it looked like everything was starting to get under control and then all of a sudden the drink flew from a fan and Artest came across the scorer's table, knocking over people, probably his own radio announcing crew, and literally I had Zachary sprint toward the upstairs, because people from the top that were leaving before were streaming down, of course, to gawk and see all the commotion. And I was afraid that he would be trampled.
COSTELLO: And you just got him the heck out of there.
Security was at the game, but was it enough? Should it change?
JOHNSON: Retrospectively, yes, I think it really should have. I think what you need to have is there's -- Commissioner Stern was talking about the responsibility of the players to stay off the court. There needs to be a far better presence, I believe it should be a police presence and not just people in nice blazers with ties, if you get my drift.
COSTELLO: I understand.
Who do you think was to blame? Was the players more to blame or were the fans equally to blame?
JOHNSON: A great question. I think there's blame to go all the way around. No fan should ever, never has a right to throw anything on any playing surface, as far as I'm concerned, and those people need to be taken care of and dealt with harshly. However, there is only one person who controls Ron Artest from going up in the stands, and that's when everything broke loose and obviously he's going to be paying a significant price for it, and he deserves it.
COSTELLO: You know what he said, though, Ven? He said that he was really ashamed that children in the stands were affected by this. He saw that one little boy crying in the stands.
Does that make you feel better for your son, that Ron Artest is sorry, sorry to the children?
JOHNSON: No. I don't -- I think it's a hollow apology. He has had difficulty in the past, which we all know. That's one of the reasons he got the stiffest penalty. And I think Ron Artest, very candidly, needs some very deep emotional and psychological help.
COSTELLO: Will you bring your son to another game?
JOHNSON: You know what, Carol? I don't know. I mean nowadays when you go to a football game, you go to anything, you have to deal with the verbal abuse that goes on in the stands, the drunkenness and I really haven't decided. I think it's going to have to, it's going to be a while before I do.
COSTELLO: Ven Johnson, a fan in the stands with his 11-year-old son, joining us live on the phone from Detroit this morning.
Thank you, Ven.
The players and the fans crying foul against some NBA bad boys.
Our Question of the Day, sports and violence -- who do you think is to blame? Daybreak@cnn.com.
Later this hour, we'll talk to the voice of the Pistons and get his take on the now infamous basket brawl. E-mail us, as I said, daybreak@cnn.com.
Another day older and deeper in debt. Is there no limit to the amount of debt the government wracks up? We'll toss that one out to Ali Velshi in a few minutes.
Before that, though, 9/11 reforms, or, rather, the lack thereof and the reasons why. That's in our "Hot Topics" in five minutes.
(COMMERCIAL BREAK)
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Aired November 22, 2004 - 06:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: New this morning, a shocking discovery. A secret hostage house uncovered. The U.S. military believes it's where this man, Ken Bigley, was killed.
Plus, the shootout in the forest. Five are dead. This morning, police are asking what happened in the woods of Wisconsin.
Also, the fight no one can stop talking about -- the Pistons and Pacers and the hoop hell in Detroit. Who's to blame here anyway?
And shoes a computer chips, self-adhesive goggles and a go car -- an inside look at some of the inventions of 2004.
It is Monday, November 22.
This is DAYBREAK.
And good morning to you.
Thank you for waking up with us.
I'm Carol Costello along with Chad Myers.
Let's check out the latest headlines now, shall we?
Air Force One and President Bush are en route to Colombia right now. Security will be tight. Some 15,000 troops as well as a couple of submarines are providing security.
On his Mideast mission, Secretary of State Colin Powell is meeting with both Israeli and Palestinian officials. Powell says President Bush is determined to revive peace talks in the wake of Palestinian leader Yasser Arafat's death.
Convicted wife killer Scott Peterson heads back to court today. This marks the beginning of the sentencing phase of his trial.
And in southeast Texas, Highway 59 is under water. Twelve to 15 inches of rain fell across several counties on Sunday. Two hundred fifty residents of El Campo had to be evacuated.
Any end in sight -- Chad.
CHAD MYERS, CNN METEOROLOGIST: Not really, Carol. More rain today, not right now specifically for the same counties that had the rain showers yesterday and the flooding, but more rain coming through that same area.
If we show you the map here, it's kind of an ugly looking color. This is not a local radar right now. This is how much rain actually fell. Here's Houston, the coastline of Texas and the area just to the southwest of Houston. This is the area right there where some spots had 15 inches, that dark purple right there, 15 inches of rain yesterday and more to come today.
If that was centered right over Houston, there would have been really ugly weather there.
(WEATHER REPORT)
COSTELLO: Grim details out of Iraq this morning. A cage and shackles were found in a house in central Falluja. U.S. officials believe it's where insurgents held foreign hostages and where they killed one of them.
CNN's Jane Arraf is embedded with some U.S. soldiers near Falluja.
She has more details.
Were you inside that house -- Jane?
JANE ARRAF, CNN BAGHDAD BUREAU CHIEF: Carol, I was not. But some of the people who have been, and it is (AUDIO GAP)...
COSTELLO: Oh, we're having some trouble with Jane's connection.
But, again, the U.S. military believes it found the house where some of these hostages were beheaded. As soon as we get Jane back on the line, we'll get back to her. She has some fascinating new information for us this morning.
As Iraq looks forward to national elections on January 30, other nations are discussing how to pave the way for a smooth vote. Egypt this morning is hosting a conference of donor nations to focus on ways to restore stability in Iraq. The meeting includes foreign ministers from half a dozen of Iraq's neighboring nations.
All right, we have Jane Arraf back on the phone line right now.
Jane, can you hear us?
ARRAF: Carol, I sure can.
It was an ordinary looking house, apparently, Carol, but horrific secrets inside. Now, we've spoken to people who have been in that house and they say that they were led to it by someone who may have been involved, actually, a detainee who was found by Iraqi security forces and led to a house where they found a cage that looks identical to that depicted in the video of Ken Bigley just before he was beheaded.
Now, this cage is made of chicken wire with plywood with a brick wall behind it. It matches exactly, according to military sources, the scene (AUDIO GAP)...
COSTELLO: All right, we've lost Jane again.
But as you heard her say, they did find that house and evidence that Ken Bigley was, indeed, killed in this house.
We'll have more from Jane as we get it in from Falluja.
As you might imagine, it's difficult to have a cell phone conversation from there.
Word in this morning from the head of the U.N. nuclear agency. Mohamed ElBaradei says it appears Iran has followed through on a pledge to suspend a key part of its nuclear program to ease fears that it's trying to develop nuclear weapons. But U.S. officials remain suspicious.
Senator John McCain even suggests U.S. forces -- U.S. force might be needed if Iran does not stick to its promises.
(BEGIN VIDEO CLIP)
SEN. JOHN MCCAIN (R), ARIZONA: And at the end of the day, it's the United States of America that may have to act if we act. But I hope that we can dissuade them through other means. Of course, the first attempt would be to get the United Nations Security Council to impose sanctions.
So we'll see. But it's a very great challenge.
(END VIDEO CLIP)
COSTELLO: Iran says its nuclear program is peaceful and is used only for generating electricity.
Homeland Security Secretary Tom Ridge says he wants Americans to be ready to deal with terrorism so his department is launching a so- called ready campaign. The campaign, featuring public service ads, is aimed at teaching Americans how to prepare for and respond to potential terror attacks. As for more details, tune into CNN's "AMERICAN MORNING." Tom Ridge himself will be a guest. That's in the 7:00 a.m. Eastern hour.
In news across America this morning, an investigation under way after hidden cameras caught a number of police officers at Los Angeles International Airport abandoning their duties. A local TV report found airport police ignoring emergency radio calls and actually leaving the airport while on duty. The lax police chief says two officers have already been suspended.
Two Moroccan men are taken off a flight to Washington after one of them appeared on the government's no fly list. The flight from Paris was diverted to Bangor, Maine on Saturday night. Officials are investigating how the man was able to board the flight in Paris in the first place. The men will be flown back to Paris in the next couple of days. One suspect now in custody in connection with the shooting deaths of five hunters in Wisconsin. The shootings were apparently sparked by an argument over a hunting spot during the opening of deer season. A woman and a teenaged boy were among the victims. Three other hunters were injured in the exchange.
In Redwood City, California, Scott Peterson will be in court to learn if he will live or die. Testimony in the penalty phase is set to begin shortly and Peterson's attorney, Mark Geragos, will have a tough fight.
Let's head live to Miami now and our legal analyst, Kendall Coffey.
Good morning -- Kendall.
KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning, Carol.
COSTELLO: So after telling the jury his client was "stone cold innocent," Geragos now has to go before them and do what?
COFFEY: He's got to do a complete reversal in the sense that now he's got to not say a word about guilt or innocence. And he's lost some credibility with this jury. It's going to be real simple, Carol. What the defense is going to do, from their standpoint, is an unmitigated plea for compassion. You will see the parents of Scott Peterson, other close family members, talking about every anecdote of kindness, every reason why the jury should consider him fit to live, even though the crime that they found he committed is truly a horrible one.
COSTELLO: OK, we're going to talk about the compassion part of this in a second.
Let's talk about humble and being humble. Humble is not exactly Mark Geragos' middle name. Maybe he can't appeal to the jury.
Could his assistant take over, his assist?
COFFEY: That's a very productive strategy sometimes because Geragos has put his credibility, his confidence, his basic view that there wasn't even going to be a penalty phase, because his client was going to be acquitted, that was put on the line and the jury has utterly rejected it.
So it may well be that in presenting this part of the case, they go to the second lawyer in the case and try a different approach, a somewhat, as you say, more humble and hopefully a much more compassion inspiring approach.
COSTELLO: Yes, well, let's talk about the compassion issue. Geragos spent the entire trial telling the jury his client was a cad. He knows he's a cad. Now he has to evoke sympathy for Scott Peterson?
COFFEY: It's going to be a tough sell. But when the parents of someone get on, and the parents are sympathetic in this case, and when they talk about the good son he's been, when they talk about someone whose life, other than this, has been absolutely trouble free, there is certainly a hope, not an overwhelming probability, but a hope that the defense can somehow get somebody on the jury to agree to spare his life.
An remember, Carol, it requires a unanimous jury to decide this. So we have yet another prospect of perhaps extended jury deliberations. Hopefully not the kind of jury controversies we had during the guilt or innocence phase.
COSTELLO: Man, I hope so.
The last question, about this change of venue for the penalty phase, any movement on that?
COFFEY: No, no possibility, Carol. There may be issues down the road, but they're going to center on these unusual jury deliberations. The issue of venue and a new jury, that's not going anywhere.
COSTELLO: Kendall Coffey live from Miami.
Thanks for joining DAYBREAK this morning.
COFFEY: Hey, thanks.
COSTELLO: You might have heard about the meltdown in Motown. Oh, I bet you did. Now a few Pistons and a few Pacers are sitting out, oh, more than a few games. A Pistons' fans point of view in six minutes.
What's it take to make the cover of "Time" magazine? It takes going into orbit not once but three times. We'll have details for you in 14 minutes.
But first, here's a look at what else is making news this Monday morning.
(COMMERCIAL BREAK)
(STOCK MARKET REPORT)
COSTELLO: Your news, money, weather and sports.
It is 6:12 Eastern.
Here's what's all new this morning.
A grim discovery in Iraq. U.S. Marines find several houses where people were tortured and killed. One of them is believed to be the site where British hostage Kenneth Bigley was beheaded after being kidnapped in Baghdad in mid-September.
Eighty thousand people packed the Rose Bowl in Pasadena to hear the Reverend Billy Graham's last sermon in California. It marked the 55th anniversary of the revival that brought Graham to national attention. Last night's sermon wraps up a four day crusade for the 86-year-old preacher.
In money news, Donald Trump's casino business has filed for bankruptcy. It's more than a billion, a billion dollars in debt. The move should allow Trump to restructure his casino operations in Atlantic City. This is the second bankruptcy filing for Trump's casino interests.
In culture, weekend moviegoers chose Nicolas Cage over Spongebob Squarepants. Cage's "National Treasure" was tops at the box office, with $35 million worth of ticket sales. Spongebob was a close second, though, $33.5 million.
In sports, OK, Chad, here it is, Kurt Busch wins the first ever NASCAR Nextel Cup. His final 16 point margin over Jeff Gordon is the closest finish in NASCAR history.
Come on, Chad, chime in. I know you want to.
MYERS: Yes, but if NASCAR didn't mess up with all those things earlier, with the drop your points and all that, Jeff Gordon would have won by a landslide. So, yes, if you knock on everybody's points, you can get the closest finish in history. Wow! That's amazing. That's a revelation. I can't believe it.
All right, and congratulations to Kurt. He actually, he's a really good guy and he's a friend of mine from the ASA days.
(WEATHER REPORT)
COSTELLO: Those are the latest headlines for you now.
As we told you earlier on DAYBREAK, Colin Powell is in the Middle East. He's going to be talking to the Israelis and the Palestinians. He's in Jericho this morning.
Let's listen to what he has to say.
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COLIN POWELL, SECRETARY OF STATE: The Israeli authorities said to me earlier that they will do everything that they can to permit freedom of movement and access for candidates, as well as for voters on election day. And both sides seem confident that they'll be able to work out a solution for the question of people living in Jerusalem to have their ballots counted, as well. And both sides believe that the model that was used in 1996 is the model that should be applicable to the current situation.
I brought to the Palestinian leaders our sympathies over the death of Chairman Arafat, who meant so much to the Palestinian people. But then we talked about the opportunities now to move forward, the opportunities for them to aggressively pursue a reform agenda. And they talked about what they are doing with respect to the consolidation of security forces under the minister of interior and reporting to the prime minister and the council of government and some of the other reform efforts that they have underway. And they have financial needs and I will be discussing those financial needs with my quartet partners in Sharm el-Sheikh tomorrow. And then when I get back to Washington examining what we might be able to do to assist them.
The issue of security was discussed in both Jerusalem this morning and here in Jericho. In order for this process to move forward and for us to achieve our goals of a Palestinian state that will be living in peace side-by-side with Israel, we have to make sure that terrorists are not permitted to once again stop this process and both sides understand the need for ending terror and ending the incitement to terror and providing security for people so that they can live safely in their homes, wherever those homes may be in this land.
And so I thanked my Palestinian colleagues for their commitment to moving forward and I said to them that the cooperation we have seen in recent weeks, since the death of Chairman Arafat, as they worked through the funeral arrangements and arranged for security during the funeral proceedings is perhaps indicative of what can be achieved in the months ahead as they go to elections and from there on to the disengagement process from Gaza later in the summer.
Both sides expressed their complete commitment to the road map as the only way forward and no jumping over steps in the road map, moving through the road map as it was intended to be used.
I will be conveying these messages to my quartet partners tomorrow, as I mentioned, and I also look forward to discussing these matters with other leaders who will be attending the summit meeting of ministers at Sharm el-Sheikh tomorrow.
I'll take some questions and then move on.
A question?
QUESTION: I think there's a gentleman from "Al Kuds" down here.
QUESTION: I'm (UNINTELLIGIBLE) from "Al Kuds" newspaper.
My first question is that what the -- can you give us some detail of what specifically you discussed with the Palestinians leaders. And you already said you're going to support the election. And could you (UNINTELLIGIBLE) support it in this situation in the West Bank and Gaza closure and the wall and all these (UNINTELLIGIBLE)?
POWELL: In order for the election to be held in a successful way, there needs to be a greater openness and access so people can participate in the debate over the various candidates and so that they can actually vote. The Palestinian Authority leaders I spoke to yesterday -- today, rather -- made it clear that this was a requirement. There's also a requirement to find a way to have the voters in Jerusalem participate.
We discussed in some detail the reform efforts they have under way, discussed in some detail the financial needs they have and committed ourselves once again not to unilateral action, but to actions that are consistent with the road map.
The United States will help by our political support, our diplomatic support, working with the international community for whatever international support might be required in the form of observers. And there is a need for some financial support, which I'll be talking to the international community about.
I can't give you specifics on financial support right now until I've had a chance to examine what the United States is able to do, as well as what other members of the international community are able to do.
UNIDENTIFIED MALE: The reporter from NBC?
QUESTION: Mr. Secretary, if I could ask a little bit more about the possible U.S. assistance, first in terms of observers. You mentioned international observers. Is there an intention for the U.S. to send observers? And, also, on the financial piece of it...
COSTELLO: And you have been listening to Secretary of State Colin Powell speaking to reporters in Jericho. He has met with both Israeli leaders and Palestinian leaders, with the Israelis promising to do everything it can to ease conditions for Palestinian presidential elections to be held early in the new year.
Still to come on DAYBREAK, shock in a hunting community.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: This is completely nuts.
(END VIDEO CLIP)
COSTELLO: What happened in the woods? Piecing together a confusing crime.
You are watching DAYBREAK.
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COSTELLO: Whatever you call it, the melee in Motown or basket brawl, oh, certainly you've seen this by now. It was late in the game, but apparently the Pistons and the Pacers, and even the fans, still had some fight left in them. Flying cups of beer spilled out of the bleachers and players spilled into the stands with fists flying. The rest, as they say, is history.
(BEGIN VIDEO CLIP)
DAVID STERN, NBA COMMISSIONER: We have to make the point that there are boundaries in our games and that one of those boundaries which is, has always been but is hereby announced to be immutable, is the boundary that separates the fans from the court. And players cannot lose control and go into the stands. And we have to -- there's a corollary, which is we have to hold fans accountable for their anti- social behavior, as well. (END VIDEO CLIP)
COSTELLO: A total of nine players, both Pistons and Pacers, are suspended without pay. Indiana's Ron Artest got the stiffest penalty, suspended for the reminder of the season, all 73 games. These players drew suspensions for leaving the bench. You can read them off their screen. You can see Reggie Miller, Chauncey Billups, Elden Campbell and Derrick Coleman.
Ven Johnson was in the stands with his 11-year-old son when that soft drink or whatever it was flew overhead and hit Pacer Ron Artest. As you know, he laid on top of the scorer's table.
Ven is live on the phone with us now.
Good morning.
VEN JOHNSON: Good morning, Carol.
COSTELLO: Ven, your son felt some liquid fall onto his shoulder as that drink flew toward Artest. All hell broke loose after that.
What was going through your head?
JOHNSON: Carol, I was terrified for the safety of my son. Here we are at a game just trying to hang out and enjoy our time together and they clearly lost control on the court and it looked like everything was starting to get under control and then all of a sudden the drink flew from a fan and Artest came across the scorer's table, knocking over people, probably his own radio announcing crew, and literally I had Zachary sprint toward the upstairs, because people from the top that were leaving before were streaming down, of course, to gawk and see all the commotion. And I was afraid that he would be trampled.
COSTELLO: And you just got him the heck out of there.
Security was at the game, but was it enough? Should it change?
JOHNSON: Retrospectively, yes, I think it really should have. I think what you need to have is there's -- Commissioner Stern was talking about the responsibility of the players to stay off the court. There needs to be a far better presence, I believe it should be a police presence and not just people in nice blazers with ties, if you get my drift.
COSTELLO: I understand.
Who do you think was to blame? Was the players more to blame or were the fans equally to blame?
JOHNSON: A great question. I think there's blame to go all the way around. No fan should ever, never has a right to throw anything on any playing surface, as far as I'm concerned, and those people need to be taken care of and dealt with harshly. However, there is only one person who controls Ron Artest from going up in the stands, and that's when everything broke loose and obviously he's going to be paying a significant price for it, and he deserves it.
COSTELLO: You know what he said, though, Ven? He said that he was really ashamed that children in the stands were affected by this. He saw that one little boy crying in the stands.
Does that make you feel better for your son, that Ron Artest is sorry, sorry to the children?
JOHNSON: No. I don't -- I think it's a hollow apology. He has had difficulty in the past, which we all know. That's one of the reasons he got the stiffest penalty. And I think Ron Artest, very candidly, needs some very deep emotional and psychological help.
COSTELLO: Will you bring your son to another game?
JOHNSON: You know what, Carol? I don't know. I mean nowadays when you go to a football game, you go to anything, you have to deal with the verbal abuse that goes on in the stands, the drunkenness and I really haven't decided. I think it's going to have to, it's going to be a while before I do.
COSTELLO: Ven Johnson, a fan in the stands with his 11-year-old son, joining us live on the phone from Detroit this morning.
Thank you, Ven.
The players and the fans crying foul against some NBA bad boys.
Our Question of the Day, sports and violence -- who do you think is to blame? Daybreak@cnn.com.
Later this hour, we'll talk to the voice of the Pistons and get his take on the now infamous basket brawl. E-mail us, as I said, daybreak@cnn.com.
Another day older and deeper in debt. Is there no limit to the amount of debt the government wracks up? We'll toss that one out to Ali Velshi in a few minutes.
Before that, though, 9/11 reforms, or, rather, the lack thereof and the reasons why. That's in our "Hot Topics" in five minutes.
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