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CNN Saturday Morning News

Legal Briefs with Nelda Blair, Lida Rodriguez-Taseff

Aired November 27, 2004 - 08:00   ET

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

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


TONY HARRIS, CNN ANCHOR: And from the CNN Center this is CNN SATURDAY MORNING. It is November 27, 8 a.m. here, at CNN headquarters in Atlanta, 5 a.m. on the West Coast.
Good morning everyone. I'm Tony Harris.

BETTY NGUYEN, CNN ANCHOR: And I'm Betty Nguyen. Thank you so much for being with us today.

"Now in the News": Ukraine's parliament convenes negotiations to end the presidential election crisis. Two men claim to be Ukraine's new president. Allegations of voting fraud have sparked days of street protests in Ukraine's capitol.

Pakistan announces it is ending military operations against Al Qaeda and the Taliban. A Pakistan army commander says repeated search missions have turned up no trace of Osama bin Laden or his top lieutenants.

The State Department has issued a new Mid East travel warning. It covers threats to American citizens and interests in Israel, the West Bank and Gaza. Also of concern are terrorists attacks in areas popular to Israeli tourists.

Still no word on what happened to an American and a Britain now missing in Nicaragua for ten days. Dozens of rescuers have been searching for the two men since last weekend. Dense fog and heavy rain have hampered that search.

Also clean up is underway following an oil spill in the Delaware River. A tanker was leaking crude oil as it pulled into the Citgo facility across the river from Philadelphia.

Look at these pictures.

No word yet on the cause or just how much crude oil leaked from the vessel.

HARRIS: We have a lot to cover this hour. More on Pakistan where a critical two-year military mission is coming to an end.

First, another day of protesting Ukraine. Where lawmakers are trying to calm a political storm. Will they have to re-do their presidential election? We will go live to Kiev.

Later this hour, an up state New York woman is facing her final days. The story of how her friends and family are making every moment count.

NGUYEN: We want to give you more now on the spiraling political crisis in Ukraine. Thousands are packing the streets of the capital in the sixth straight day of protests over the presidential vote. Meantime, lawmakers are trying to find some sort of solution here. Our Jill Dougherty is in Kiev and joins us now by videophone.

Hi there, Jill.

JILL DOUGHERTY, CNN MOSCOW BUREAU CHIEF: Hey, Betty.

Outside it's snowing, it's cold. The sun, what little sun there was, is going down, turning into nighttime here in Kiev, the capital. And still those demonstrators are on the streets. Nice and warm, inside other buildings here, are the politicians. They're trying to figure out, how do you get out of this dead end, this political impasse?

The main focus of the tension is on the parliament building. Inside the parliament you have a debate going back and forth, supporters of the opposition candidates, the government backed candidate, the Communists and many others trying to say, what can we do to solve the standoff? They've had many different proposals.

Some of them even deal with constitutional change. One them was why don't we get rid of the presidency and have a parliamentary democracy? They're all over the map on that. It's very crucial that people now work toward something and work toward it fast.

The other location, is negotiations that have been taking place today, first time between the supporters of the opposition and the government-backed candidates. Four men, four people from each team, and their mission is to find out, again, another way, perhaps, of dealing with this legally.

The opposition, Betty, really wants to just say the run-off elections that took place last Sunday, a week ago, almost, were just so flawed with so many problems and rife with vote stealing and ballot stuffing, et cetera, that they ought to be annulled and they ought to start over and hold new elections. So that is the proposal but we don't know how far it is going to go.

NGUYEN: Absolutely. If they do, indeed, go with another election, there's a lot to be worked out. That could take some time.

Let's talk about the protesters in the street. How long do they plan on staging those demonstrations?

DOUGHERTY: It seems indefinitely. And that is a fascinating part of the story because they have been on the streets. Because they have been on the streets, these are average people, a lot of the people who live here in Kiev, who have just stopped everything they're doing, put on warm clothes, and they go down and stand and sometimes march around the city. There's around-the-clock demonstration in the main square, Independence Square. Music, dancing, speeches. It never stops.

NGUYEN: CNN's Jill Dougherty this morning with the latest on the protests and the election situation there. Thank you, Jill.

Tony?

HARRIS: For two years, Pakistani troops have been searching a rugged western province for Osama bin Laden. They've caught other Al Qaeda fighters, but not the terrorist chief. Now they are saying that bin Laden is not there, so the Pakistanis are ending their military operation in south Waziristan, on the Afghan frontier.

(BEGIN VIDEO CLIP)

LT. GEN. SAFDAR HUSSAIN, MILITARY CHIEF, NW PAKISTAN: The number of people that we have apprehended, the number of terrorists that we have busted, the Iraqi Al Qaeda, whom we have apprehended, I think Pakistan has done its bit. It's the other countries, and especially Afghanistan, which needs to do more.

(END VIDEO CLIP)

HARRIS: A senior intelligence official says Pakistan is already withdrawing some troops from south Waziristan.

NGUYEN: Deadly attacks in Baghdad this morning; two separate bombing have left five Iraqis dead and more than a dozen wounded. One bomb went of near the Iraqi central bank. A second blast happened about a half hour later at an intersection in southern Baghdad. Three of those killed were police officers.

Now to northern Iraq and an all too common sight in the Mosul area, dumped bodies. The latest discovery, U.S. forces found a total of 17 corpses across western Mosul. Over the past several days nearly 60 bodies in all have been found.

Meantime, a spokesman for Iraqi's interim prime minister says he does not want to delay the upcoming election. Preparations for the voting are under way. The election is scheduled for January 30, but 15 political parties are asking for a delay saying the country is just not secure enough.

HARRIS: More troubles for Halliburton. Vice President Dick Cheney's former company, a government property managed by Halliburton subsidiary has gone missing in Iraq and Kuwait. Items range from trucks and generators to computers. Government auditors say the property is worth millions. Halliburton already is under criminal investigation for alleged fuel price gauging.

President Bush wants the parties involved to begin moving the Northern Ireland peace process off dead center. The president told reporters he called Protestant leader of Northern Ireland and plans to call the Shein Fein leader. Mr. Bush says he'll do what he can to get the British and Irish prime ministers together and get a deal done.

A holiday celebration that could have been overshadowed by a family's tremendous loss, instead a community works together to make sure the family celebrates Christmas.

NGUYEN: And out of bounds. Should criminal charges be filed in the infamous NBA brawl?

HARRIS: And later, on "House Call", HIV is re-emerging in unlikely places and has unlikely faces. Our Dr. Sanjay Gupta looks at the dangerous trend.

(BEGIN VIDEO CLIP)

GERRI WILLIS, CNN CORRESPONDENT: Looking for an alternative to aluminum siding, consider using cementitious material. A product made of cement, water, and wood fiber. Unlike aluminum siding you can paint it suit your tastes. It has a life guarantee of at least 50 years. It adds structural value to your. It comes in different designs, easy to maintain, and you can even install it yourself. Best of all it is a cost effective alternative with a 10 by 10 area going for about $180.

And a look...

UNIDENTIFIED MALE: You can get a natural look, the traditional colonial natural look to it. And it just butts into all the trim and it looks like a wood product. You really don't know the difference.

I'm Gerri Willis. That is your "Tip of the Day".

(END VIDEO CLIP)

(COMMERCIAL BREAK)

HARRIS: 'Tis the season for giving your money to charities, but it doesn't mean you can't get the most for your dollar. Maybe you shouldn't donate a single dime until you hear from the author of "Don't Just Give It Away". How to make the most of your charitable giving live next hour on CNN SATURDAY MORNING, 9 a.m. Eastern.

(COMMERCIAL BREAK)

HARRIS: And this just in to CNN, Ukraine's parliament has declared the presidential run off invalid. Not unexpected. The parliament saying that the run off failed to show the voters' will. That means there will likely be new elections.

The first date that I heard these elections are even possible is December 10th. We'll have to continue to follow that to find out exactly when that new election will take place as you're taking a look at live pictures.

I guess this is the parliament at work right now in the Ukraine.

NGUYEN: They are trying to find a way to resolve the situation. There are talks of possibly new elections and other ideas on the table. A lot of people have come together to try to find a solution that everyone can live by.

As you mentioned, elections are a talk in the Ukraine and that could possibly happen.

HARRIS: There are definitely going to be new elections. That's the point. And the other issues, now, remember, the supreme court in the Ukraine is also going to take up this issue on Monday. Many, many developments and we will be following them.

(WEATHER FORECAST)

NGUYEN: It may just be after Thanksgiving, but it's not too early for this Christmas story. It's the favorite season for a certain woman in Saratoga Springs, New York. Mark Mulholland of CNN affiliate WNYT in Albany, has her story.

(BEGIN VIDEOTAPE)

SARA RAWITSCH: I'm speechless that there's snow at my house.

MARK MULHOLLAND, REPORTER, WNYT: Fifty three-year-old Sara Rawitsch returned from a doctor's appointment to find snow at her house and only at her house.

RAWITSCH: How did it get here? Do you know?

MULHOLLAND: The snow was the latest of gestures by neighbors to make Sara smile in the final stages of her life.

ELIZABETH RAWITSCH, SARA'S DAUGHTER: Eight years ago my mom was diagnosed with ovarian cancer, and at the time she had surgery to remove that. And was able to go into remission. And we thought that the cancer was gone from our lives.

MULHOLLAND: But in February the cancer returned, and this time surgery and chemo therapy couldn't stop it.

E. RAWITSCH: Now she's home on hospice care. And we're looking at about a month, if that.

MULHOLLAND: In her remaining days, Sara's friends and neighbors are doing whatever they can to make every moment count. Once they heard Sara loves Christmas, especially the decorating and anticipation, they circled a letter asking people decorate early.

Many, like Mary Gorham, who has never met Sara, were delighted to help out.

MARY GORHAM, NEIGHBOR: I really, really admire her a great deal.

MULHOLLAND: And the Rawitsch family says the feelings are mutual.

PETER RAWITSCH, SARA'S HUSBAND: There's an incredible out pouring of love. Having snow helps us get through a very difficult time.

MULHOLLAND: In addition to the snow and decorations, carolers sang "Silent Night" to the Rawitsches.

SARA RAWITSCH: The support is just wonderful. Moves me to tears. There have been a lot of beautiful things happening in the neighborhood.

E. RAWITSCH: So incredibly beautiful and so incredibly sad at the same time. It's a real Christmas miracle.

MULHOLLAND: For CNN, I'm Mark Mulholland.

(END VIDEOTAPE)

HARRIS: OK, now an update to our top stories. As we just reported a moment ago, Ukraine's parliament says the presidential run off is invalid, saying that the run off failed to show the voters' will. The means new elections in the Ukraine, the earliest date possible is December 10th. That seems a little early, a rather quick turn around. But remember the Supreme Court in the Ukraine will also take up this issue on Monday.

Pakistan says it's ending a two-year military operation in a province bordering Afghanistan where the U.S. believes Osama bin Laden is hiding. A Pakistani commander says after repeated searches, there is no trace of bin Laden.

And back in the United States. The Coast Guard is helping to clean up an oil spill in the Delaware River, near Philadelphia this morning. A tanker leaked an undetermined amount of crude into the waterway late last night. No word yet on what the environmental impact will be.

NGUYEN: Dealing with your own mortality? Well, it can be very difficult. Creating a living will can be the solution, but what happens when a family member tries to block your living will? That story ahead, in our legal briefs.

HARRIS: And later on "House Call", the new face of HIV/AIDS. Turning up in some unexpected places.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: To me, that is killing a man. And I cannot do that and live with me.

(END VIDEO CLIP)

NGUYEN: She went to court to stop doctors from removing her 72- year-old husband from life support, but a living will says that's not what he wanted. Why does this case have to go to the courts?

Plus, it is now called the worst fight in NBA history. The Pistons versus the Pacers, versus the fans? Should there be criminal charges filed? That's what's on the docket in this morning's legal panel.

So let's bring in our legal combatants right now. Former Texas prosecutor Nelda Blair joins us live from Houston. And Civil Liberties Attorney Lida Rodriguez-Taseff is in our Miami bureau. Good morning, ladies.

NELDA BLAIR, FMR. PROSECUTOR: Good morning.

LIDA RODRIGUEZ-TASEFF, CIVIL LIBERTIES ATTORNEY: Let's start with this fight for life case. This wife, her husband, of 53-years, on life support. The woman wants to keep her husband alive. She has power of attorney.

But her husband's legal will says that he does not want to be kept on life support. Who wins here, Lida?

RODRIGUEZ-TASSEF: Absolutely, the husband's wishes should prevail. You know, this is a really tragic story. A bride of 53 years doesn't want to see her husband go. It's a very difficult position to be in.

But the reality is, when you have a living will, the living will trumps. The wishes in the living will should be carried out. And as his surrogate, her job is to carry out his wishes, not to stop his wishes from being carried out. The tragedy is that there had to be a court battle in order to enforce his wishes.

NGUYEN: But Mrs. Pennent (ph) says that her husband is indeed communicating with her. He's just trapped inside a weak body. Now, doctors say that's not the case. He cannot live without life support. Does she have any legal recourse? After all, Nelda, all she wants to do is save her husband's life.

BLAIR: Sure, that's what she's saying. That's totally understandable from an emotional standpoint. But her husband has every right to determine his own fate, his own destiny. That's what he did when he voluntary signed this living will. He says if he is terminal, has a terminal illness is incapacitated, if there's no probability of recovery, and two doctors say that, then he does not want to be on life support.

And that is exactly what has happened. The hospital is only carrying out its legal responsibility. I know that may sound cold, but that's what they have to do. An individual has a right to choose. I hate to say it, but Lida is right this morning.

RODRIGUEZ-TASSEF: You know, I agree with Nelda. He filled out this living will in 1998 before he was ill. There's never proof that he was upset or depressed at the time he did it. This is after long and thoughtful deliberation about what he wanted for himself. And we have to carry out those wishes.

If the shoe were on the other foot and the living will said do everything you can to save my life, don't ever take me of life support, if the wife were trying to take him off life support, we would all be fighting to keep him alive.

BLAIR: That is right.

NGUYEN: This is one of those tough situations. I think we all agree on that one.

Let's move over to the NBA brawl. There are a lot of legal issues at hand here. Let's talk about the criminal side of this. Lida, are we going to see criminal charges?

RODRIGUEZ-TASSEF: We better see some criminal charges, especially against these fans. If this had been a political rally, these fans would have been charged with inciting a riot. They crossed the line when they start throwing things at players. When they start throwing chairs. When they throw punches, they run to the court. This is a problem.

NBA players, yes, they get paid a lot of money, but they need to be protected. Basketball is the only sport where the fans get to feel the NBA experience. And that NBA experience means they get to be up close and personal, within striking distance of players. We hope there are going to be criminal charges against these fans also.

BLAIR: Protected? These players need to be protected, from each other? From each other, is that what you mean?

(LAUGHTER)

BLAIR: This is an absolute humiliation. I agree with Commissioner David Stern. It's the most humiliating time for the NBA, ever. These players are professional athletes. If they were professional lawyers, fighting in the courtroom they'd be booted out. IF they were professional taxi drivers, fighting on the job, they'd be booted out.

They need to be taken out of this game. There is no question that there is no room for this. They give most of the players in the NBA, who are good people, and restrain themselves and give them a bad name.

NGUYEN: Do they have a case against the NBA for not putting up the partitions, like you see in a hockey game, adding that protection from the fans?

(CROSS TALK)

BLAIR: Let me say this, in this day and time, sure, it's somebody else's fall, let's sue the NBA. But I absolutely would disagree with that. These -- especially Artest, he's an outlaw cowboy, and this ain't his first rodeo. He has been suspended almost 10 times in the NBA, he has no business in professional sport.

RODRIGUEZ-TASSEF: Nelda, spoken like a true football fan.

NGUYEN: We have to get this in. We're almost out of time.

What about the civil cases with the fans and the players? Can the players sue the fans for lost wages? After all, this started when a fan threw a cup at Artest.

RODRIGUEZ-TASSEF: That's a clever legal theory. I think the fans can sue for assault and battery in a civil court and see what they can get out of it. I think the fans are going to probably try to sue the players for having thrown punches at them.

But the fans ask for it. You go attacking a player and you expect not to have that player hit you. Then you're basically -- it's basketball. Of course, it's going to happen like that.

BLAIR: I disagree with that. The players have responsibility to restrain themselves.

RODRIGUEZ-TASSEF: Why?

BLAIR: Also the players are going to sue the fans for lost wages because they made them hit them? No.

NGUYEN: Not going to happen in your eyes.

BLAIR: No.

NGUYEN: All right, Lida, Nelda, we appreciate your time this morning. Have a nice day, ladies.

BLAIR: Thanks.

RODRIGUEZ-TASSEF: Thank you.

HARRIS: Getting back to the living will issue, here's some additional information that can help you create a living will.

Talk to your doctor about what would make your life not worth living. Make sure you inform all pertinent family members. And keep a living will in a secure but easy to find spot. There are several more tips on living wills. Find it at www.agingwithdignity.org.

NGUYEN: But in the meantime, we are asking you our e-mail question of the day. Are you spending more or less on holiday gifts this year. And we have a response from Greg.

HARRIS: Greg says, "We have totally bypassed the whole more or less thing and have opted not to exchange gifts at all. This is the third year we have done this. It has allowed us to focus more on family and traditions rather than the commercial aspect of holidays."

So, there you go.

NGUYEN: There you go. Still ahead, your quick fix on what's topping news right now. And on "House Call"...

HARRIS: From the elderly in retirement homes to straight African-American women. Dr. Sanjay Gupta looks at the new face of HIV- AIDS.

I'm Tony Harris.

NGUYEN: And I'm Betty Nguyen. We'll see you again at the top of the hour.

(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 27, 2004 - 08:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
TONY HARRIS, CNN ANCHOR: And from the CNN Center this is CNN SATURDAY MORNING. It is November 27, 8 a.m. here, at CNN headquarters in Atlanta, 5 a.m. on the West Coast.
Good morning everyone. I'm Tony Harris.

BETTY NGUYEN, CNN ANCHOR: And I'm Betty Nguyen. Thank you so much for being with us today.

"Now in the News": Ukraine's parliament convenes negotiations to end the presidential election crisis. Two men claim to be Ukraine's new president. Allegations of voting fraud have sparked days of street protests in Ukraine's capitol.

Pakistan announces it is ending military operations against Al Qaeda and the Taliban. A Pakistan army commander says repeated search missions have turned up no trace of Osama bin Laden or his top lieutenants.

The State Department has issued a new Mid East travel warning. It covers threats to American citizens and interests in Israel, the West Bank and Gaza. Also of concern are terrorists attacks in areas popular to Israeli tourists.

Still no word on what happened to an American and a Britain now missing in Nicaragua for ten days. Dozens of rescuers have been searching for the two men since last weekend. Dense fog and heavy rain have hampered that search.

Also clean up is underway following an oil spill in the Delaware River. A tanker was leaking crude oil as it pulled into the Citgo facility across the river from Philadelphia.

Look at these pictures.

No word yet on the cause or just how much crude oil leaked from the vessel.

HARRIS: We have a lot to cover this hour. More on Pakistan where a critical two-year military mission is coming to an end.

First, another day of protesting Ukraine. Where lawmakers are trying to calm a political storm. Will they have to re-do their presidential election? We will go live to Kiev.

Later this hour, an up state New York woman is facing her final days. The story of how her friends and family are making every moment count.

NGUYEN: We want to give you more now on the spiraling political crisis in Ukraine. Thousands are packing the streets of the capital in the sixth straight day of protests over the presidential vote. Meantime, lawmakers are trying to find some sort of solution here. Our Jill Dougherty is in Kiev and joins us now by videophone.

Hi there, Jill.

JILL DOUGHERTY, CNN MOSCOW BUREAU CHIEF: Hey, Betty.

Outside it's snowing, it's cold. The sun, what little sun there was, is going down, turning into nighttime here in Kiev, the capital. And still those demonstrators are on the streets. Nice and warm, inside other buildings here, are the politicians. They're trying to figure out, how do you get out of this dead end, this political impasse?

The main focus of the tension is on the parliament building. Inside the parliament you have a debate going back and forth, supporters of the opposition candidates, the government backed candidate, the Communists and many others trying to say, what can we do to solve the standoff? They've had many different proposals.

Some of them even deal with constitutional change. One them was why don't we get rid of the presidency and have a parliamentary democracy? They're all over the map on that. It's very crucial that people now work toward something and work toward it fast.

The other location, is negotiations that have been taking place today, first time between the supporters of the opposition and the government-backed candidates. Four men, four people from each team, and their mission is to find out, again, another way, perhaps, of dealing with this legally.

The opposition, Betty, really wants to just say the run-off elections that took place last Sunday, a week ago, almost, were just so flawed with so many problems and rife with vote stealing and ballot stuffing, et cetera, that they ought to be annulled and they ought to start over and hold new elections. So that is the proposal but we don't know how far it is going to go.

NGUYEN: Absolutely. If they do, indeed, go with another election, there's a lot to be worked out. That could take some time.

Let's talk about the protesters in the street. How long do they plan on staging those demonstrations?

DOUGHERTY: It seems indefinitely. And that is a fascinating part of the story because they have been on the streets. Because they have been on the streets, these are average people, a lot of the people who live here in Kiev, who have just stopped everything they're doing, put on warm clothes, and they go down and stand and sometimes march around the city. There's around-the-clock demonstration in the main square, Independence Square. Music, dancing, speeches. It never stops.

NGUYEN: CNN's Jill Dougherty this morning with the latest on the protests and the election situation there. Thank you, Jill.

Tony?

HARRIS: For two years, Pakistani troops have been searching a rugged western province for Osama bin Laden. They've caught other Al Qaeda fighters, but not the terrorist chief. Now they are saying that bin Laden is not there, so the Pakistanis are ending their military operation in south Waziristan, on the Afghan frontier.

(BEGIN VIDEO CLIP)

LT. GEN. SAFDAR HUSSAIN, MILITARY CHIEF, NW PAKISTAN: The number of people that we have apprehended, the number of terrorists that we have busted, the Iraqi Al Qaeda, whom we have apprehended, I think Pakistan has done its bit. It's the other countries, and especially Afghanistan, which needs to do more.

(END VIDEO CLIP)

HARRIS: A senior intelligence official says Pakistan is already withdrawing some troops from south Waziristan.

NGUYEN: Deadly attacks in Baghdad this morning; two separate bombing have left five Iraqis dead and more than a dozen wounded. One bomb went of near the Iraqi central bank. A second blast happened about a half hour later at an intersection in southern Baghdad. Three of those killed were police officers.

Now to northern Iraq and an all too common sight in the Mosul area, dumped bodies. The latest discovery, U.S. forces found a total of 17 corpses across western Mosul. Over the past several days nearly 60 bodies in all have been found.

Meantime, a spokesman for Iraqi's interim prime minister says he does not want to delay the upcoming election. Preparations for the voting are under way. The election is scheduled for January 30, but 15 political parties are asking for a delay saying the country is just not secure enough.

HARRIS: More troubles for Halliburton. Vice President Dick Cheney's former company, a government property managed by Halliburton subsidiary has gone missing in Iraq and Kuwait. Items range from trucks and generators to computers. Government auditors say the property is worth millions. Halliburton already is under criminal investigation for alleged fuel price gauging.

President Bush wants the parties involved to begin moving the Northern Ireland peace process off dead center. The president told reporters he called Protestant leader of Northern Ireland and plans to call the Shein Fein leader. Mr. Bush says he'll do what he can to get the British and Irish prime ministers together and get a deal done.

A holiday celebration that could have been overshadowed by a family's tremendous loss, instead a community works together to make sure the family celebrates Christmas.

NGUYEN: And out of bounds. Should criminal charges be filed in the infamous NBA brawl?

HARRIS: And later, on "House Call", HIV is re-emerging in unlikely places and has unlikely faces. Our Dr. Sanjay Gupta looks at the dangerous trend.

(BEGIN VIDEO CLIP)

GERRI WILLIS, CNN CORRESPONDENT: Looking for an alternative to aluminum siding, consider using cementitious material. A product made of cement, water, and wood fiber. Unlike aluminum siding you can paint it suit your tastes. It has a life guarantee of at least 50 years. It adds structural value to your. It comes in different designs, easy to maintain, and you can even install it yourself. Best of all it is a cost effective alternative with a 10 by 10 area going for about $180.

And a look...

UNIDENTIFIED MALE: You can get a natural look, the traditional colonial natural look to it. And it just butts into all the trim and it looks like a wood product. You really don't know the difference.

I'm Gerri Willis. That is your "Tip of the Day".

(END VIDEO CLIP)

(COMMERCIAL BREAK)

HARRIS: 'Tis the season for giving your money to charities, but it doesn't mean you can't get the most for your dollar. Maybe you shouldn't donate a single dime until you hear from the author of "Don't Just Give It Away". How to make the most of your charitable giving live next hour on CNN SATURDAY MORNING, 9 a.m. Eastern.

(COMMERCIAL BREAK)

HARRIS: And this just in to CNN, Ukraine's parliament has declared the presidential run off invalid. Not unexpected. The parliament saying that the run off failed to show the voters' will. That means there will likely be new elections.

The first date that I heard these elections are even possible is December 10th. We'll have to continue to follow that to find out exactly when that new election will take place as you're taking a look at live pictures.

I guess this is the parliament at work right now in the Ukraine.

NGUYEN: They are trying to find a way to resolve the situation. There are talks of possibly new elections and other ideas on the table. A lot of people have come together to try to find a solution that everyone can live by.

As you mentioned, elections are a talk in the Ukraine and that could possibly happen.

HARRIS: There are definitely going to be new elections. That's the point. And the other issues, now, remember, the supreme court in the Ukraine is also going to take up this issue on Monday. Many, many developments and we will be following them.

(WEATHER FORECAST)

NGUYEN: It may just be after Thanksgiving, but it's not too early for this Christmas story. It's the favorite season for a certain woman in Saratoga Springs, New York. Mark Mulholland of CNN affiliate WNYT in Albany, has her story.

(BEGIN VIDEOTAPE)

SARA RAWITSCH: I'm speechless that there's snow at my house.

MARK MULHOLLAND, REPORTER, WNYT: Fifty three-year-old Sara Rawitsch returned from a doctor's appointment to find snow at her house and only at her house.

RAWITSCH: How did it get here? Do you know?

MULHOLLAND: The snow was the latest of gestures by neighbors to make Sara smile in the final stages of her life.

ELIZABETH RAWITSCH, SARA'S DAUGHTER: Eight years ago my mom was diagnosed with ovarian cancer, and at the time she had surgery to remove that. And was able to go into remission. And we thought that the cancer was gone from our lives.

MULHOLLAND: But in February the cancer returned, and this time surgery and chemo therapy couldn't stop it.

E. RAWITSCH: Now she's home on hospice care. And we're looking at about a month, if that.

MULHOLLAND: In her remaining days, Sara's friends and neighbors are doing whatever they can to make every moment count. Once they heard Sara loves Christmas, especially the decorating and anticipation, they circled a letter asking people decorate early.

Many, like Mary Gorham, who has never met Sara, were delighted to help out.

MARY GORHAM, NEIGHBOR: I really, really admire her a great deal.

MULHOLLAND: And the Rawitsch family says the feelings are mutual.

PETER RAWITSCH, SARA'S HUSBAND: There's an incredible out pouring of love. Having snow helps us get through a very difficult time.

MULHOLLAND: In addition to the snow and decorations, carolers sang "Silent Night" to the Rawitsches.

SARA RAWITSCH: The support is just wonderful. Moves me to tears. There have been a lot of beautiful things happening in the neighborhood.

E. RAWITSCH: So incredibly beautiful and so incredibly sad at the same time. It's a real Christmas miracle.

MULHOLLAND: For CNN, I'm Mark Mulholland.

(END VIDEOTAPE)

HARRIS: OK, now an update to our top stories. As we just reported a moment ago, Ukraine's parliament says the presidential run off is invalid, saying that the run off failed to show the voters' will. The means new elections in the Ukraine, the earliest date possible is December 10th. That seems a little early, a rather quick turn around. But remember the Supreme Court in the Ukraine will also take up this issue on Monday.

Pakistan says it's ending a two-year military operation in a province bordering Afghanistan where the U.S. believes Osama bin Laden is hiding. A Pakistani commander says after repeated searches, there is no trace of bin Laden.

And back in the United States. The Coast Guard is helping to clean up an oil spill in the Delaware River, near Philadelphia this morning. A tanker leaked an undetermined amount of crude into the waterway late last night. No word yet on what the environmental impact will be.

NGUYEN: Dealing with your own mortality? Well, it can be very difficult. Creating a living will can be the solution, but what happens when a family member tries to block your living will? That story ahead, in our legal briefs.

HARRIS: And later on "House Call", the new face of HIV/AIDS. Turning up in some unexpected places.

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UNIDENTIFIED FEMALE: To me, that is killing a man. And I cannot do that and live with me.

(END VIDEO CLIP)

NGUYEN: She went to court to stop doctors from removing her 72- year-old husband from life support, but a living will says that's not what he wanted. Why does this case have to go to the courts?

Plus, it is now called the worst fight in NBA history. The Pistons versus the Pacers, versus the fans? Should there be criminal charges filed? That's what's on the docket in this morning's legal panel.

So let's bring in our legal combatants right now. Former Texas prosecutor Nelda Blair joins us live from Houston. And Civil Liberties Attorney Lida Rodriguez-Taseff is in our Miami bureau. Good morning, ladies.

NELDA BLAIR, FMR. PROSECUTOR: Good morning.

LIDA RODRIGUEZ-TASEFF, CIVIL LIBERTIES ATTORNEY: Let's start with this fight for life case. This wife, her husband, of 53-years, on life support. The woman wants to keep her husband alive. She has power of attorney.

But her husband's legal will says that he does not want to be kept on life support. Who wins here, Lida?

RODRIGUEZ-TASSEF: Absolutely, the husband's wishes should prevail. You know, this is a really tragic story. A bride of 53 years doesn't want to see her husband go. It's a very difficult position to be in.

But the reality is, when you have a living will, the living will trumps. The wishes in the living will should be carried out. And as his surrogate, her job is to carry out his wishes, not to stop his wishes from being carried out. The tragedy is that there had to be a court battle in order to enforce his wishes.

NGUYEN: But Mrs. Pennent (ph) says that her husband is indeed communicating with her. He's just trapped inside a weak body. Now, doctors say that's not the case. He cannot live without life support. Does she have any legal recourse? After all, Nelda, all she wants to do is save her husband's life.

BLAIR: Sure, that's what she's saying. That's totally understandable from an emotional standpoint. But her husband has every right to determine his own fate, his own destiny. That's what he did when he voluntary signed this living will. He says if he is terminal, has a terminal illness is incapacitated, if there's no probability of recovery, and two doctors say that, then he does not want to be on life support.

And that is exactly what has happened. The hospital is only carrying out its legal responsibility. I know that may sound cold, but that's what they have to do. An individual has a right to choose. I hate to say it, but Lida is right this morning.

RODRIGUEZ-TASSEF: You know, I agree with Nelda. He filled out this living will in 1998 before he was ill. There's never proof that he was upset or depressed at the time he did it. This is after long and thoughtful deliberation about what he wanted for himself. And we have to carry out those wishes.

If the shoe were on the other foot and the living will said do everything you can to save my life, don't ever take me of life support, if the wife were trying to take him off life support, we would all be fighting to keep him alive.

BLAIR: That is right.

NGUYEN: This is one of those tough situations. I think we all agree on that one.

Let's move over to the NBA brawl. There are a lot of legal issues at hand here. Let's talk about the criminal side of this. Lida, are we going to see criminal charges?

RODRIGUEZ-TASSEF: We better see some criminal charges, especially against these fans. If this had been a political rally, these fans would have been charged with inciting a riot. They crossed the line when they start throwing things at players. When they start throwing chairs. When they throw punches, they run to the court. This is a problem.

NBA players, yes, they get paid a lot of money, but they need to be protected. Basketball is the only sport where the fans get to feel the NBA experience. And that NBA experience means they get to be up close and personal, within striking distance of players. We hope there are going to be criminal charges against these fans also.

BLAIR: Protected? These players need to be protected, from each other? From each other, is that what you mean?

(LAUGHTER)

BLAIR: This is an absolute humiliation. I agree with Commissioner David Stern. It's the most humiliating time for the NBA, ever. These players are professional athletes. If they were professional lawyers, fighting in the courtroom they'd be booted out. IF they were professional taxi drivers, fighting on the job, they'd be booted out.

They need to be taken out of this game. There is no question that there is no room for this. They give most of the players in the NBA, who are good people, and restrain themselves and give them a bad name.

NGUYEN: Do they have a case against the NBA for not putting up the partitions, like you see in a hockey game, adding that protection from the fans?

(CROSS TALK)

BLAIR: Let me say this, in this day and time, sure, it's somebody else's fall, let's sue the NBA. But I absolutely would disagree with that. These -- especially Artest, he's an outlaw cowboy, and this ain't his first rodeo. He has been suspended almost 10 times in the NBA, he has no business in professional sport.

RODRIGUEZ-TASSEF: Nelda, spoken like a true football fan.

NGUYEN: We have to get this in. We're almost out of time.

What about the civil cases with the fans and the players? Can the players sue the fans for lost wages? After all, this started when a fan threw a cup at Artest.

RODRIGUEZ-TASSEF: That's a clever legal theory. I think the fans can sue for assault and battery in a civil court and see what they can get out of it. I think the fans are going to probably try to sue the players for having thrown punches at them.

But the fans ask for it. You go attacking a player and you expect not to have that player hit you. Then you're basically -- it's basketball. Of course, it's going to happen like that.

BLAIR: I disagree with that. The players have responsibility to restrain themselves.

RODRIGUEZ-TASSEF: Why?

BLAIR: Also the players are going to sue the fans for lost wages because they made them hit them? No.

NGUYEN: Not going to happen in your eyes.

BLAIR: No.

NGUYEN: All right, Lida, Nelda, we appreciate your time this morning. Have a nice day, ladies.

BLAIR: Thanks.

RODRIGUEZ-TASSEF: Thank you.

HARRIS: Getting back to the living will issue, here's some additional information that can help you create a living will.

Talk to your doctor about what would make your life not worth living. Make sure you inform all pertinent family members. And keep a living will in a secure but easy to find spot. There are several more tips on living wills. Find it at www.agingwithdignity.org.

NGUYEN: But in the meantime, we are asking you our e-mail question of the day. Are you spending more or less on holiday gifts this year. And we have a response from Greg.

HARRIS: Greg says, "We have totally bypassed the whole more or less thing and have opted not to exchange gifts at all. This is the third year we have done this. It has allowed us to focus more on family and traditions rather than the commercial aspect of holidays."

So, there you go.

NGUYEN: There you go. Still ahead, your quick fix on what's topping news right now. And on "House Call"...

HARRIS: From the elderly in retirement homes to straight African-American women. Dr. Sanjay Gupta looks at the new face of HIV- AIDS.

I'm Tony Harris.

NGUYEN: And I'm Betty Nguyen. We'll see you again at the top of the hour.

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