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CNN Live At Daybreak

Crisis in Kiev; The Search for Abu Musab Al-Zarqawi

Aired November 29, 2004 - 05:00   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.


BETTY NGUYEN, CNN ANCHOR: Crisis in Kiev -- the Ukraine Supreme Court hears an appeal by the opposition candidate. We'll go there live in just a few minutes.
U.S. troops missed this terrorist leader in Falluja and in Mosul. The search for Abu Musab al-Zarqawi.

And we'll tell you to Thailand, where you're never too young to learn about AIDS.

It's Monday, November 29, and you're watching DAYBREAK.

Well, good morning.

Thanks for waking up with us.

I'm Betty Nguyen in for Carol Costello this morning.

There's a lot going on, so let's check the headlines right now.

NBC Sports President Dick Ebersol and a son are hospitalized this morning after their chartered plane crashed in Colorado. Rescuers are looking for another son. The pilot and co-pilot were killed in that crash about 185 miles southwest of Denver.

Spain's fpm is defending his government's handling of the Madrid train bombings last March. Jose Maria Aznar is testifying before a panel investigating the bombings that killed almost 200 people.

In northwest China, 141 coal miners remain trapped following a gas explosion that killed at least 25 workers. One hundred twenty- seven miners escaped the mine after Sunday's explosion. China's state run news agency quotes rescuers who say that the chances for survival are slim.

The U.S. Supreme Court hands down rulings and hears arguments today. First on the agenda, a test of medical marijuana laws. The arguments begin at 10:00 a.m. Eastern.

Well, hopefully you got home safely. Some people are still stuck because of bad weather -- Rob.

ROB MARCIANO, CNN METEOROLOGIST: Hey, Betty, yes, it's kind of a mess out there in sports. Now that we're sliding into the winter season, we're getting more winter like weather.

(WEATHER REPORT) NGUYEN: Federal investigators are at the site of a plane crash in Montrose, Colorado. The charter jet carrying NBC Sports executive Dick Ebersol crashed and burned on takeoff. Ebersol is seriously injured. Now his son Charles survived, but a Denver television station reports his 14-year-old son Teddy is still missing. An FAA spokesman says the jet struck a fence beyond the end of the runway.

CNN's Carol Lin has the details.

(BEGIN VIDEO TAPE)

CAROL LIN, CNN ANCHOR (voice-over): The still photo taken by a local newspaper photographer of the crash scene offers only a few eerie clues of what happened. Yes, there was snow and some wind. But nothing unusual for the Montrose regional airport.

Dick Ebersol and five others were heading to South Bend, Indiana when their charter jet crashed here around 10:00 a.m. Mountain time. And when it did, the plane plowed through a fence and burst into flames. The pilot and co-pilot died. Another passenger is missing. But somehow Ebersol and two others survived. But they are in serious condition.

Research the name Dick Ebersol and you do find a remarkable story of survival and success in the television business. He started as a researcher at ABC Sports and went on to produce shows like "Saturday Night Live." But he was much better at sports programming, snaring the Olympics, Super Bowl contracts and bringing the NBA back to network TV when it was all the rage.

Dick Ebersol is married to actress Susan Saint James and has three children. We do know she was not on the plane that crashed. Very few details are coming from the remote crash scene, where investigators and rescue workers will have to navigate the cold, rough, mountainous terrain.

(END VIDEO TAPE)

NGUYEN: Now Chuck Distel, eyewitness to the Ebersol plane crash, will be a guest in the second hour of CNN's "AMERICAN MORNING." That comes your way in about three hours from now.

Two powerful Republican opponents of an intelligence bill are not backing down despite pressure from both political parties. An overall of the nation's intelligence services was one of the main recommendations of the panel that investigated the September 11 terrorist attacks.

House Judiciary Chairman James Sensenbrenner wants the bill to deal with illegal immigration. But some law makers say action needs to be taken before the next Congress convenes.

(BEGIN VIDEO CLIP)

SEN. JOSEPH LIEBERMAN (D), CONNECTICUT: It's up to the president now. I mean, we've got a week to try to bring this bill to a vote and I think the president clearly wants it. And I can't believe that the speaker, who also is for the bill and worked very hard for the compromise agreement we came up with, is not going to let the roll be called.

REP. JAMES SENSENBRENNER (R), WISCONSIN: What good is reorganizing intelligence if we don't have homeland security? Eighty- five percent of the American public wants to see immigration reform for our own protection and it's the senators that are ignoring that.

(END VIDEO CLIP)

NGUYEN: The bill would create a national intelligence director and a national counter-terrorism center.

Well, marijuana used as medicine -- the U.S. Supreme Court hears arguments on that issue today. On one side, a California woman who says she needs the drug to ease the pain of a brain tumor. On the other side is the federal government, which says pot is illegal.

Mark Jones of our San Francisco affiliate, KRON, has more.

(BEGIN VIDEO TAPE)

MARK JONES, KRON CORRESPONDENT (voice-over): Angel Raich is heading from the Thanksgiving table to the U.S. Supreme Court bench to champion the rights of the dying and disabled to take cannabis, marijuana, to ease pain and suffering. The solicitor general will be arguing on behalf of the Bush administration.

ANGEL RAICH, SUPPORTS MEDICAL MARIJUANA: For our side, it will be Professor Randy Barnett, who is a Boston University professor. And he is actually the world's leading expert of the Ninth Amendment and he's also a constitutional scholar.

JONES: For Raich, medical cannabis is not a way of life, it's a way to stay alive.

RAICH: I have an inoperable brain tumor. I have life threatening wasting syndrome. I have a seizure disorder. I have fibromyalgia, degenerative joint disease, nausea, severe chronic pain. I really am, unfortunately, riddled with illness.

JONES: The is arguing that cannabis violates interstate commerce rules and regulations. Raich's stash is grown for her with no money exchanging hands.

RAICH: Every two hours, I have to medicate with cannabis.

JONES (on camera): You don't seem high to be now.

RAICH: No, I'm not high. I don't get high. Cannabis, I use almost eight to nine pounds of cannabis per year, which is about three ounces a week, and I don't get high. I don't have any euphoria. The thing that I do get is, which is a side effect of cannabis, is I get hungry. JONES (voice-over): That cannabis inspired hunger helps her consume 3,000 calories a day, enough to make most people fat. It's barely enough to keep her at 100 pounds. And Monday, she may be the first person to appear before the U.S. Supreme Court just medicated with cannabis.

(on camera): If you lose, you're still going to be taking marijuana.

RAICH: Most definitely. I have no intentions of stopping what I'm doing no matter what the Supreme Court says. I can't because I would die and I'm not willing to allow the federal government to excite me for simply being disabled.

JONES (voice-over): In Oakland, Mark Jones, KRON 4 News.

(END VIDEO TAPE)

NGUYEN: News across America this morning.

An Oklahoma City newspaper says Terry Nichols admitted helping gather materials and assemble the bomb that killed 168 people at the federal building nine years ago. "The Daily Oklahoman" says Nichols confessed his role to state prosecutors during a plea bargain meeting last year. He's now serving life without the possibility of parole. Timothy McVeigh, as you remember, was executed in 2001 for the crime.

Divers have found a six foot gash in the cargo tank of a Greek tanker that spilled oil Friday night into the Delaware River near Philadelphia. Thirty thousand gallons of crude oil have poisoned hundreds of birds and the Port of Philadelphia is closed, stranding about a dozen commercial vessels.

New York City police are looking at security tapes to find out who set off pepper spray in an elevator. It happened at a Toys 'R Us store in Times Square on Saturday, during high shopping season. Three people were hospitalized.

And the eight-day-old political crisis deepens in Ukraine. The dispute over the presidential election is threatening to split the country and it's straining relations between Russia and the West. Now, the focus shifts this morning from the snowy streets of Kiev to the supreme court.

Our Moscow bureau chief, Jill Dougherty, has a live report now from the Ukrainian capital and she joins us -- good morning to you, Jill.

JILL DOUGHERTY, CNN CORRESPONDENT: Good morning, Betty.

Well, you know, these -- the cold and snowy streets are still filled with protesters and today they've moved over to that supreme court area. They're outside rallying from both sides, the government- backed candidate and the opposition candidate. And inside, as you said, the supreme court is going to begin to consider this appeal by the opposition. And what the opposition wants, they say that this election that took place a week ago Sunday was so flawed and had so many irregularities, voter -- vote fraud, abuse, etc. -- that the central election commission shouldn't have gone ahead and declared a winner. So they will be presenting evidence and they say they have 11,000 allegations of violations, 200 of which are very serious.

And then, from the other side, from the political side, they're pushing to try to get a vote in the parliament to say that the government should step down. And remember, the government, at this point, is being led by the prime minister, who happens to be the man who was elected president.

So we've got both of those things going on, a very important day for the opposition, because if they can get the supreme court to agree, they could go ahead and hold new elections, which is really what the opposition wants.

NGUYEN: Jill, let's talk about the supreme court. You mentioned 2,000 pieces of evidence. Is this going to be a long investigation?

DOUGHERTY: You know, they don't really have to necessarily look at every single piece of evidence and rule on that. That's not the idea. What they're going to try to say is look, we have so many allegations that regardless of whether they are investigated fully at this stage or not, the central election commission shouldn't have gone ahead. They should have had an investigation before they said who won.

So it's really a procedural thing. But it's really very important, because, again, if they can get that, they could get new elections.

NGUYEN: We've been watching pictures of these protesters in the streets for days now.

Have you spoken with any of them? Are they optimistic that the supreme court can resolve this matter entirely?

DOUGHERTY: Well, there are a couple of good things in the opposition's favor, because, after all, the parliament last week, which is really a body that has quite a bit of clout here politically, they said that they had no confidence in the central election commission and that also that commission has 15 members and four of them have said they don't even agree with the decision to announce the winner.

So on the streets, people are just saying they're going to stay there as long as it takes.

NGUYEN: The wait and see game.

All right, Jill Dougherty live in Kiev for us this morning.

Thank you, Jill. Well, you are never too young to learn about AIDS. That is the message in Thailand. At 50 after, we will take you there for the first in our series of reports on the pandemic.

But first, will your trip home turn into a holiday headache today? We'll tell you about the latest delays at 19 after.

And a little later, do you think he'll thank his agent? Well, the big green guy is finally getting his due in Hollywood. Details at 41 after.

Here's a look at what else is making news this Monday morning, November 29.

(COMMERCIAL BREAK)

(STOCK MARKET REPORT)

NGUYEN: Your news, money, weather and sports.

The time is 5:16 Eastern.

Here's what's all new this morning.

NBC Sports President Dick Ebersol is in the hospital this morning, along with one of his sons. They were seriously injured in a charter jet crash in Colorado. Denver's KUSA TV reports another son is still missing. At least two people were killed in that crash.

The jurors who convicted Scott Peterson of killing his pregnant wife and unborn son will be back in court today. This time, they'll decide if Peterson should spend his life behind bars or die.

In money, will the U.S. have enough heating oil to make it through the winter? Well, some investors think it might and that's easing crude oil futures. But oil still, it's not cheap. It's nearly $50 a barrel.

In culture, "National Treasure" strikes gold at the box office. The Nicholas Cage adventure was number one for a second weekend. Preliminary estimates show it brought in $33 million.

And to sports now. The Philadelphia Eagles win a fourth straight NFC East title after thumping Eli Manning and the New York Giants 27-6 on Sunday. The Eagles are only the third team to win a division title by the eleventh game.

And, Rob, I can only imagine that you were in front of the television yesterday watching.

MARCIANO: Unfortunately, my team lost and I think it's because they're wearing a red -- where do those red jerseys come from?

NGUYEN: Throwbacks?

MARCIANO: It's like they're playing J.V. (WEATHER REPORT)

NGUYEN: Many holiday travelers are heading home this morning after the Thanksgiving break, and a lot of them, well, they're still facing travel delays.

Here is CNN's Alina Cho.

(BEGIN VIDEO TAPE)

ALINA CHO, CNN CORRESPONDENT: So are you a little surprised that you weren't delayed a little bit more?

MARILYN GWARTZMAN, DELAYED TRAVELER: I'm in shock. I'm in shock.

CHO (voice-over): Marilyn Gwartzman, here visiting her son, is heading back to Toronto. Her flight was delayed 40 minutes. It's a good thing.

GWARTZMAN: Any further delay and I may say take me back to Aunt Harriet's house. I'm staying. The hotel rate is good at my sister's house.

CHO: After Thanksgiving at grandmother's house, many Americans are making their way home now. New York's three major airports saw minor delays Sunday, mostly due to the weather.

Joseph Sanger was trying to make a flight to Chicago.

JOSEPH SANGER, DELAYED TRAVELER: I've been here for about an hour. I've moved about 25 feet, which is frustrating.

CHO: Others were less stressed, passing the time on a rocking chair, playing cards or testing out massage chairs.

Sue Miller is going home to Ohio.

(on camera): Well, if you're going to be delayed, this isn't a bad way to pass the time.

SUE MILLER, DELAYED TRAVELER: That's what I said. It feels kind of nice, so, a good way to sell their chairs, you know?

CHO: Upset about it? You don't look too upset.

UNIDENTIFIED MALE: No, I didn't care. But, you know, it was going on to Fort Lauderdale, getting out of this weather, how could you be upset about that?

CHO (voice-over): Native New Yorker Marilyn Gwartzman believes Thanksgiving travel to the Big Apple, delays or not, can't be beat.

GWARTZMAN: I decided they don't want to leave New York because New York is still a fabulous place to be. CHO (on camera): One and a half million people will pass through New York's three big airports this holiday weekend. Overall, travel is up 3 percent over last year, the highest number of travelers we've seen since September 11.

Alina Cho, CNN, New York.

(END VIDEO TAPE)

NGUYEN: And talk about delays, take a look at this. Reno-Tahoe International Airport in Nevada had it big time. A snowstorm and a malfunction in the airport's instrument landing system forced dozens of flights to be delayed or canceled. An airport spokesman says about 4,000 people were affected by the equipment breakdown and half of the travelers won't be able to get flights out until later today or maybe even tomorrow. That's a long wait.

Well, that brings us to our DAYBREAK E-Mail Question of the Day. What was your holiday travel experience like? Let you know what you think at daybreak@cnn.com. And we will read those responses on the air a little bit later.

But still to come this morning, Julia Roberts takes on a new role and she's not acting this time. It's the real deal.

You're watching DAYBREAK for Monday, November 29.

(COMMERCIAL BREAK)

NGUYEN: Time now to check our Web clicks this morning, what stories are getting your attention on the Web site.

So let's go to cnn.com to check those out.

First up, though, Julia Roberts gives birth to twins. Mom, Hazel Patricia is the daughter and Phinnaeus Walter were born yesterday. Now, Phinnaeus is the character from the book "Around The World In 80 Days," Rob.

MARCIANO: Oh.

NGUYEN: But we're not sure if that's why she named her son Phinnaeus. But the Walter we know. That was her father's name. Very interesting.

MARCIANO: Sure.

NGUYEN: You were almost named a Phinnaeus, right?

MARCIANO: Yes, there's a long list of Phinnaeuses in the Marciano family.

NGUYEN: In your family.

All right, number two on the list, Oliver Stone's three hour epic "Alexander" opened at number six. I think some folks were kind of surprised by that, because there was a lot of talk when it first came out.

MARCIANO: Well, I mean, I don't know, can you see Collin Ferrell playing this field?

NGUYEN: I think more importantly it's a holiday weekend. Who wants to watch an epic?

MARCIANO: Right.

NGUYEN: I think a lot of kiddos were out. They were watching "The Incredibles." That was number two. And then "National Treasure" was number one at the box office. So it just may not have been the right kind of weekend for it.

MARCIANO: I just see him carrying a pint of Guinness more than a spear and a shield.

NGUYEN: Than conquering the world.

MARCIANO: Yes.

NGUYEN: And this is on our list, as well, as some of the most popular stories on the Web. It's about a daughter who, I don't know who taught the lesson here, a father was trying to teach his daughter a lesson about drinking. But that backfired and when the cops were called out to their house, the daughter turned the father in for having not only weapons, but drugs at the house. Lots of problems in that house, I believe.

MARCIANO: So -- I'm trying to figure this out. The husband -- the father called the cops to kind of give her, their daughter a little bit of a ribbing.

NGUYEN: Because she came home drunk.

MARCIANO: Right.

NGUYEN: And she said wait, hold up.

MARCIANO: Yes.

NGUYEN: There are...

MARCIANO: Dad's much worse a player than I am.

NGUYEN: There are guns and drugs in this house, semi-automatic guns, they found. And then seized 600 vials of cocaine.

MARCIANO: OK, all right, dad, way to teach a daughter a lesson there.

NGUYEN: Very interesting there in that family. They've got some issues.

MARCIANO: How are you doing this morning?

NGUYEN: I'm doing well.

How are you doing?

MARCIANO: Nice to have you.

Carol is taking a break and Chad's trying to have a baby. That's why we're here today.

NGUYEN: Yes. His wife was induced yesterday, I believe?

MARCIANO: I think they're going in today.

NGUYEN: Going in today.

MARCIANO: If she hasn't had it already.

NGUYEN: So today is the big day?

MARCIANO: Yes.

NGUYEN: Well, congratulations to them. Hopefully it will happen very soon and it won't be too painful.

MARCIANO: Hopefully not.

NGUYEN: All right, well, here's what's all new in the next half hour.

Godzilla is 50, but the big guy just keeps on stomping. We'll look at some of the men behind the fire breathing monster.

This is DAYBREAK for Monday morning.

(COMMERCIAL BREAK)

(BEGIN VIDEO TAPE)

UNIDENTIFIED MALE: Women flip for him. Bela Karolyi has spent his career coaching women Olympic gymnastics champions, from Nadia Comaneci to Mary Lou Retton.

Now, he's the director of the U.S. National Women's Training Center. BELA KAROLYI, FORMER OLYMPIC GYMNASTICS COACH: My advice is the standard one -- work hard and try, you know, to be very dedicated. Dream big.

UNIDENTIFIED MALE: To score a perfect 10, Karolyi believes leaders need to get along with a variety of people.

KAROLYI: Leadership is always, it's based on keeping in touch with the reality. Every person is different and every person has a different personality. You've got to be with them. So it's a combined very, very, very close relationship.

(END VIDEO TAPE)

(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

BETTY NGUYEN, CNN ANCHOR: Crisis in Kiev -- the Ukraine Supreme Court hears an appeal by the opposition candidate. We'll go there live in just a few minutes.

U.S. troops missed this terrorist leader in Falluja and in Mosul. The search for Abu Musab al-Zarqawi.

And we'll tell you to Thailand, where you're never too young to learn about AIDS.

It's Monday, November 29, and you're watching DAYBREAK.

Well, good morning.

Thanks for waking up with us.

I'm Betty Nguyen in for Carol Costello this morning.

There's a lot going on, so let's check the headlines right now.

NBC Sports President Dick Ebersol and a son are hospitalized this morning after their chartered plane crashed in Colorado. Rescuers are looking for another son. The pilot and co-pilot were killed in that crash about 185 miles southwest of Denver.

Spain's fpm is defending his government's handling of the Madrid train bombings last March. Jose Maria Aznar is testifying before a panel investigating the bombings that killed almost 200 people.

In northwest China, 141 coal miners remain trapped following a gas explosion that killed at least 25 workers. One hundred twenty- seven miners escaped the mine after Sunday's explosion. China's state run news agency quotes rescuers who say that the chances for survival are slim.

The U.S. Supreme Court hands down rulings and hears arguments today. First on the agenda, a test of medical marijuana laws. The arguments begin at 10:00 a.m. Eastern.

Well, hopefully you got home safely. Some people are still stuck because of bad weather -- Rob.

ROB MARCIANO, CNN METEOROLOGIST: Hey, Betty, yes, it's kind of a mess out there in sports. Now that we're sliding into the winter season, we're getting more winter like weather.

(WEATHER REPORT)

NGUYEN: Federal investigators are at the site of a plane crash in Montrose, Colorado. The charter jet carrying NBC Sports executive Dick Ebersol crashed and burned on takeoff. Ebersol is seriously injured. Now his son Charles survived, but a Denver television station reports his 14-year-old son Teddy is still missing. An FAA spokesman says the jet struck a fence beyond the end of the runway.

CNN's Carol Lin has the details.

(BEGIN VIDEO TAPE)

CAROL LIN, CNN ANCHOR (voice-over): The still photo taken by a local newspaper photographer of the crash scene offers only a few eerie clues of what happened. Yes, there was snow and some wind. But nothing unusual for the Montrose regional airport.

Dick Ebersol and five others were heading to South Bend, Indiana when their charter jet crashed here around 10:00 a.m. Mountain time. And when it did, the plane plowed through a fence and burst into flames. The pilot and co-pilot died. Another passenger is missing. But somehow Ebersol and two others survived. But they are in serious condition.

Research the name Dick Ebersol and you do find a remarkable story of survival and success in the television business. He started as a researcher at ABC Sports and went on to produce shows like "Saturday Night Live." But he was much better at sports programming, snaring the Olympics, Super Bowl contracts and bringing the NBA back to network TV when it was all the rage.

Dick Ebersol is married to actress Susan Saint James and has three children. We do know she was not on the plane that crashed. Very few details are coming from the remote crash scene, where investigators and rescue workers will have to navigate the cold, rough, mountainous terrain.

(END VIDEO TAPE)

NGUYEN: Now Chuck Distel, eyewitness to the Ebersol plane crash, will be a guest in the second hour of CNN's "AMERICAN MORNING." That comes your way in about three hours from now.

Two powerful Republican opponents of an intelligence bill are not backing down despite pressure from both political parties. An overall of the nation's intelligence services was one of the main recommendations of the panel that investigated the September 11 terrorist attacks.

House Judiciary Chairman James Sensenbrenner wants the bill to deal with illegal immigration. But some law makers say action needs to be taken before the next Congress convenes.

(BEGIN VIDEO CLIP)

SEN. JOSEPH LIEBERMAN (D), CONNECTICUT: It's up to the president now. I mean, we've got a week to try to bring this bill to a vote and I think the president clearly wants it. And I can't believe that the speaker, who also is for the bill and worked very hard for the compromise agreement we came up with, is not going to let the roll be called.

REP. JAMES SENSENBRENNER (R), WISCONSIN: What good is reorganizing intelligence if we don't have homeland security? Eighty- five percent of the American public wants to see immigration reform for our own protection and it's the senators that are ignoring that.

(END VIDEO CLIP)

NGUYEN: The bill would create a national intelligence director and a national counter-terrorism center.

Well, marijuana used as medicine -- the U.S. Supreme Court hears arguments on that issue today. On one side, a California woman who says she needs the drug to ease the pain of a brain tumor. On the other side is the federal government, which says pot is illegal.

Mark Jones of our San Francisco affiliate, KRON, has more.

(BEGIN VIDEO TAPE)

MARK JONES, KRON CORRESPONDENT (voice-over): Angel Raich is heading from the Thanksgiving table to the U.S. Supreme Court bench to champion the rights of the dying and disabled to take cannabis, marijuana, to ease pain and suffering. The solicitor general will be arguing on behalf of the Bush administration.

ANGEL RAICH, SUPPORTS MEDICAL MARIJUANA: For our side, it will be Professor Randy Barnett, who is a Boston University professor. And he is actually the world's leading expert of the Ninth Amendment and he's also a constitutional scholar.

JONES: For Raich, medical cannabis is not a way of life, it's a way to stay alive.

RAICH: I have an inoperable brain tumor. I have life threatening wasting syndrome. I have a seizure disorder. I have fibromyalgia, degenerative joint disease, nausea, severe chronic pain. I really am, unfortunately, riddled with illness.

JONES: The is arguing that cannabis violates interstate commerce rules and regulations. Raich's stash is grown for her with no money exchanging hands.

RAICH: Every two hours, I have to medicate with cannabis.

JONES (on camera): You don't seem high to be now.

RAICH: No, I'm not high. I don't get high. Cannabis, I use almost eight to nine pounds of cannabis per year, which is about three ounces a week, and I don't get high. I don't have any euphoria. The thing that I do get is, which is a side effect of cannabis, is I get hungry.

JONES (voice-over): That cannabis inspired hunger helps her consume 3,000 calories a day, enough to make most people fat. It's barely enough to keep her at 100 pounds. And Monday, she may be the first person to appear before the U.S. Supreme Court just medicated with cannabis.

(on camera): If you lose, you're still going to be taking marijuana.

RAICH: Most definitely. I have no intentions of stopping what I'm doing no matter what the Supreme Court says. I can't because I would die and I'm not willing to allow the federal government to excite me for simply being disabled.

JONES (voice-over): In Oakland, Mark Jones, KRON 4 News.

(END VIDEO TAPE)

NGUYEN: News across America this morning.

An Oklahoma City newspaper says Terry Nichols admitted helping gather materials and assemble the bomb that killed 168 people at the federal building nine years ago. "The Daily Oklahoman" says Nichols confessed his role to state prosecutors during a plea bargain meeting last year. He's now serving life without the possibility of parole. Timothy McVeigh, as you remember, was executed in 2001 for the crime.

Divers have found a six foot gash in the cargo tank of a Greek tanker that spilled oil Friday night into the Delaware River near Philadelphia. Thirty thousand gallons of crude oil have poisoned hundreds of birds and the Port of Philadelphia is closed, stranding about a dozen commercial vessels.

New York City police are looking at security tapes to find out who set off pepper spray in an elevator. It happened at a Toys 'R Us store in Times Square on Saturday, during high shopping season. Three people were hospitalized.

And the eight-day-old political crisis deepens in Ukraine. The dispute over the presidential election is threatening to split the country and it's straining relations between Russia and the West. Now, the focus shifts this morning from the snowy streets of Kiev to the supreme court.

Our Moscow bureau chief, Jill Dougherty, has a live report now from the Ukrainian capital and she joins us -- good morning to you, Jill. JILL DOUGHERTY, CNN CORRESPONDENT: Good morning, Betty.

Well, you know, these -- the cold and snowy streets are still filled with protesters and today they've moved over to that supreme court area. They're outside rallying from both sides, the government- backed candidate and the opposition candidate. And inside, as you said, the supreme court is going to begin to consider this appeal by the opposition.

And what the opposition wants, they say that this election that took place a week ago Sunday was so flawed and had so many irregularities, voter -- vote fraud, abuse, etc. -- that the central election commission shouldn't have gone ahead and declared a winner. So they will be presenting evidence and they say they have 11,000 allegations of violations, 200 of which are very serious.

And then, from the other side, from the political side, they're pushing to try to get a vote in the parliament to say that the government should step down. And remember, the government, at this point, is being led by the prime minister, who happens to be the man who was elected president.

So we've got both of those things going on, a very important day for the opposition, because if they can get the supreme court to agree, they could go ahead and hold new elections, which is really what the opposition wants.

NGUYEN: Jill, let's talk about the supreme court. You mentioned 2,000 pieces of evidence. Is this going to be a long investigation?

DOUGHERTY: You know, they don't really have to necessarily look at every single piece of evidence and rule on that. That's not the idea. What they're going to try to say is look, we have so many allegations that regardless of whether they are investigated fully at this stage or not, the central election commission shouldn't have gone ahead. They should have had an investigation before they said who won.

So it's really a procedural thing. But it's really very important, because, again, if they can get that, they could get new elections.

NGUYEN: We've been watching pictures of these protesters in the streets for days now.

Have you spoken with any of them? Are they optimistic that the supreme court can resolve this matter entirely?

DOUGHERTY: Well, there are a couple of good things in the opposition's favor, because, after all, the parliament last week, which is really a body that has quite a bit of clout here politically, they said that they had no confidence in the central election commission and that also that commission has 15 members and four of them have said they don't even agree with the decision to announce the winner.

So on the streets, people are just saying they're going to stay there as long as it takes.

NGUYEN: The wait and see game.

All right, Jill Dougherty live in Kiev for us this morning.

Thank you, Jill.

Well, you are never too young to learn about AIDS. That is the message in Thailand. At 50 after, we will take you there for the first in our series of reports on the pandemic.

But first, will your trip home turn into a holiday headache today? We'll tell you about the latest delays at 19 after.

And a little later, do you think he'll thank his agent? Well, the big green guy is finally getting his due in Hollywood. Details at 41 after.

Here's a look at what else is making news this Monday morning, November 29.

(COMMERCIAL BREAK)

(STOCK MARKET REPORT)

NGUYEN: Your news, money, weather and sports.

The time is 5:16 Eastern.

Here's what's all new this morning.

NBC Sports President Dick Ebersol is in the hospital this morning, along with one of his sons. They were seriously injured in a charter jet crash in Colorado. Denver's KUSA TV reports another son is still missing. At least two people were killed in that crash.

The jurors who convicted Scott Peterson of killing his pregnant wife and unborn son will be back in court today. This time, they'll decide if Peterson should spend his life behind bars or die.

In money, will the U.S. have enough heating oil to make it through the winter? Well, some investors think it might and that's easing crude oil futures. But oil still, it's not cheap. It's nearly $50 a barrel.

In culture, "National Treasure" strikes gold at the box office. The Nicholas Cage adventure was number one for a second weekend. Preliminary estimates show it brought in $33 million.

And to sports now. The Philadelphia Eagles win a fourth straight NFC East title after thumping Eli Manning and the New York Giants 27-6 on Sunday. The Eagles are only the third team to win a division title by the eleventh game.

And, Rob, I can only imagine that you were in front of the television yesterday watching. MARCIANO: Unfortunately, my team lost and I think it's because they're wearing a red -- where do those red jerseys come from?

NGUYEN: Throwbacks?

MARCIANO: It's like they're playing J.V.

(WEATHER REPORT)

NGUYEN: Many holiday travelers are heading home this morning after the Thanksgiving break, and a lot of them, well, they're still facing travel delays.

Here is CNN's Alina Cho.

(BEGIN VIDEO TAPE)

ALINA CHO, CNN CORRESPONDENT: So are you a little surprised that you weren't delayed a little bit more?

MARILYN GWARTZMAN, DELAYED TRAVELER: I'm in shock. I'm in shock.

CHO (voice-over): Marilyn Gwartzman, here visiting her son, is heading back to Toronto. Her flight was delayed 40 minutes. It's a good thing.

GWARTZMAN: Any further delay and I may say take me back to Aunt Harriet's house. I'm staying. The hotel rate is good at my sister's house.

CHO: After Thanksgiving at grandmother's house, many Americans are making their way home now. New York's three major airports saw minor delays Sunday, mostly due to the weather.

Joseph Sanger was trying to make a flight to Chicago.

JOSEPH SANGER, DELAYED TRAVELER: I've been here for about an hour. I've moved about 25 feet, which is frustrating.

CHO: Others were less stressed, passing the time on a rocking chair, playing cards or testing out massage chairs.

Sue Miller is going home to Ohio.

(on camera): Well, if you're going to be delayed, this isn't a bad way to pass the time.

SUE MILLER, DELAYED TRAVELER: That's what I said. It feels kind of nice, so, a good way to sell their chairs, you know?

CHO: Upset about it? You don't look too upset.

UNIDENTIFIED MALE: No, I didn't care. But, you know, it was going on to Fort Lauderdale, getting out of this weather, how could you be upset about that? CHO (voice-over): Native New Yorker Marilyn Gwartzman believes Thanksgiving travel to the Big Apple, delays or not, can't be beat.

GWARTZMAN: I decided they don't want to leave New York because New York is still a fabulous place to be.

CHO (on camera): One and a half million people will pass through New York's three big airports this holiday weekend. Overall, travel is up 3 percent over last year, the highest number of travelers we've seen since September 11.

Alina Cho, CNN, New York.

(END VIDEO TAPE)

NGUYEN: And talk about delays, take a look at this. Reno-Tahoe International Airport in Nevada had it big time. A snowstorm and a malfunction in the airport's instrument landing system forced dozens of flights to be delayed or canceled. An airport spokesman says about 4,000 people were affected by the equipment breakdown and half of the travelers won't be able to get flights out until later today or maybe even tomorrow. That's a long wait.

Well, that brings us to our DAYBREAK E-Mail Question of the Day. What was your holiday travel experience like? Let you know what you think at daybreak@cnn.com. And we will read those responses on the air a little bit later.

But still to come this morning, Julia Roberts takes on a new role and she's not acting this time. It's the real deal.

You're watching DAYBREAK for Monday, November 29.

(COMMERCIAL BREAK)

NGUYEN: Time now to check our Web clicks this morning, what stories are getting your attention on the Web site.

So let's go to cnn.com to check those out.

First up, though, Julia Roberts gives birth to twins. Mom, Hazel Patricia is the daughter and Phinnaeus Walter were born yesterday. Now, Phinnaeus is the character from the book "Around The World In 80 Days," Rob.

MARCIANO: Oh.

NGUYEN: But we're not sure if that's why she named her son Phinnaeus. But the Walter we know. That was her father's name. Very interesting.

MARCIANO: Sure.

NGUYEN: You were almost named a Phinnaeus, right?

MARCIANO: Yes, there's a long list of Phinnaeuses in the Marciano family.

NGUYEN: In your family.

All right, number two on the list, Oliver Stone's three hour epic "Alexander" opened at number six. I think some folks were kind of surprised by that, because there was a lot of talk when it first came out.

MARCIANO: Well, I mean, I don't know, can you see Collin Ferrell playing this field?

NGUYEN: I think more importantly it's a holiday weekend. Who wants to watch an epic?

MARCIANO: Right.

NGUYEN: I think a lot of kiddos were out. They were watching "The Incredibles." That was number two. And then "National Treasure" was number one at the box office. So it just may not have been the right kind of weekend for it.

MARCIANO: I just see him carrying a pint of Guinness more than a spear and a shield.

NGUYEN: Than conquering the world.

MARCIANO: Yes.

NGUYEN: And this is on our list, as well, as some of the most popular stories on the Web. It's about a daughter who, I don't know who taught the lesson here, a father was trying to teach his daughter a lesson about drinking. But that backfired and when the cops were called out to their house, the daughter turned the father in for having not only weapons, but drugs at the house. Lots of problems in that house, I believe.

MARCIANO: So -- I'm trying to figure this out. The husband -- the father called the cops to kind of give her, their daughter a little bit of a ribbing.

NGUYEN: Because she came home drunk.

MARCIANO: Right.

NGUYEN: And she said wait, hold up.

MARCIANO: Yes.

NGUYEN: There are...

MARCIANO: Dad's much worse a player than I am.

NGUYEN: There are guns and drugs in this house, semi-automatic guns, they found. And then seized 600 vials of cocaine.

MARCIANO: OK, all right, dad, way to teach a daughter a lesson there.

NGUYEN: Very interesting there in that family. They've got some issues.

MARCIANO: How are you doing this morning?

NGUYEN: I'm doing well.

How are you doing?

MARCIANO: Nice to have you.

Carol is taking a break and Chad's trying to have a baby. That's why we're here today.

NGUYEN: Yes. His wife was induced yesterday, I believe?

MARCIANO: I think they're going in today.

NGUYEN: Going in today.

MARCIANO: If she hasn't had it already.

NGUYEN: So today is the big day?

MARCIANO: Yes.

NGUYEN: Well, congratulations to them. Hopefully it will happen very soon and it won't be too painful.

MARCIANO: Hopefully not.

NGUYEN: All right, well, here's what's all new in the next half hour.

Godzilla is 50, but the big guy just keeps on stomping. We'll look at some of the men behind the fire breathing monster.

This is DAYBREAK for Monday morning.

(COMMERCIAL BREAK)

(BEGIN VIDEO TAPE)

UNIDENTIFIED MALE: Women flip for him. Bela Karolyi has spent his career coaching women Olympic gymnastics champions, from Nadia Comaneci to Mary Lou Retton.

Now, he's the director of the U.S. National Women's Training Center. BELA KAROLYI, FORMER OLYMPIC GYMNASTICS COACH: My advice is the standard one -- work hard and try, you know, to be very dedicated. Dream big.

UNIDENTIFIED MALE: To score a perfect 10, Karolyi believes leaders need to get along with a variety of people. KAROLYI: Leadership is always, it's based on keeping in touch with the reality. Every person is different and every person has a different personality. You've got to be with them. So it's a combined very, very, very close relationship.

(END VIDEO TAPE)

(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 29, 2004 - 05:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BETTY NGUYEN, CNN ANCHOR: Crisis in Kiev -- the Ukraine Supreme Court hears an appeal by the opposition candidate. We'll go there live in just a few minutes.
U.S. troops missed this terrorist leader in Falluja and in Mosul. The search for Abu Musab al-Zarqawi.

And we'll tell you to Thailand, where you're never too young to learn about AIDS.

It's Monday, November 29, and you're watching DAYBREAK.

Well, good morning.

Thanks for waking up with us.

I'm Betty Nguyen in for Carol Costello this morning.

There's a lot going on, so let's check the headlines right now.

NBC Sports President Dick Ebersol and a son are hospitalized this morning after their chartered plane crashed in Colorado. Rescuers are looking for another son. The pilot and co-pilot were killed in that crash about 185 miles southwest of Denver.

Spain's fpm is defending his government's handling of the Madrid train bombings last March. Jose Maria Aznar is testifying before a panel investigating the bombings that killed almost 200 people.

In northwest China, 141 coal miners remain trapped following a gas explosion that killed at least 25 workers. One hundred twenty- seven miners escaped the mine after Sunday's explosion. China's state run news agency quotes rescuers who say that the chances for survival are slim.

The U.S. Supreme Court hands down rulings and hears arguments today. First on the agenda, a test of medical marijuana laws. The arguments begin at 10:00 a.m. Eastern.

Well, hopefully you got home safely. Some people are still stuck because of bad weather -- Rob.

ROB MARCIANO, CNN METEOROLOGIST: Hey, Betty, yes, it's kind of a mess out there in sports. Now that we're sliding into the winter season, we're getting more winter like weather.

(WEATHER REPORT) NGUYEN: Federal investigators are at the site of a plane crash in Montrose, Colorado. The charter jet carrying NBC Sports executive Dick Ebersol crashed and burned on takeoff. Ebersol is seriously injured. Now his son Charles survived, but a Denver television station reports his 14-year-old son Teddy is still missing. An FAA spokesman says the jet struck a fence beyond the end of the runway.

CNN's Carol Lin has the details.

(BEGIN VIDEO TAPE)

CAROL LIN, CNN ANCHOR (voice-over): The still photo taken by a local newspaper photographer of the crash scene offers only a few eerie clues of what happened. Yes, there was snow and some wind. But nothing unusual for the Montrose regional airport.

Dick Ebersol and five others were heading to South Bend, Indiana when their charter jet crashed here around 10:00 a.m. Mountain time. And when it did, the plane plowed through a fence and burst into flames. The pilot and co-pilot died. Another passenger is missing. But somehow Ebersol and two others survived. But they are in serious condition.

Research the name Dick Ebersol and you do find a remarkable story of survival and success in the television business. He started as a researcher at ABC Sports and went on to produce shows like "Saturday Night Live." But he was much better at sports programming, snaring the Olympics, Super Bowl contracts and bringing the NBA back to network TV when it was all the rage.

Dick Ebersol is married to actress Susan Saint James and has three children. We do know she was not on the plane that crashed. Very few details are coming from the remote crash scene, where investigators and rescue workers will have to navigate the cold, rough, mountainous terrain.

(END VIDEO TAPE)

NGUYEN: Now Chuck Distel, eyewitness to the Ebersol plane crash, will be a guest in the second hour of CNN's "AMERICAN MORNING." That comes your way in about three hours from now.

Two powerful Republican opponents of an intelligence bill are not backing down despite pressure from both political parties. An overall of the nation's intelligence services was one of the main recommendations of the panel that investigated the September 11 terrorist attacks.

House Judiciary Chairman James Sensenbrenner wants the bill to deal with illegal immigration. But some law makers say action needs to be taken before the next Congress convenes.

(BEGIN VIDEO CLIP)

SEN. JOSEPH LIEBERMAN (D), CONNECTICUT: It's up to the president now. I mean, we've got a week to try to bring this bill to a vote and I think the president clearly wants it. And I can't believe that the speaker, who also is for the bill and worked very hard for the compromise agreement we came up with, is not going to let the roll be called.

REP. JAMES SENSENBRENNER (R), WISCONSIN: What good is reorganizing intelligence if we don't have homeland security? Eighty- five percent of the American public wants to see immigration reform for our own protection and it's the senators that are ignoring that.

(END VIDEO CLIP)

NGUYEN: The bill would create a national intelligence director and a national counter-terrorism center.

Well, marijuana used as medicine -- the U.S. Supreme Court hears arguments on that issue today. On one side, a California woman who says she needs the drug to ease the pain of a brain tumor. On the other side is the federal government, which says pot is illegal.

Mark Jones of our San Francisco affiliate, KRON, has more.

(BEGIN VIDEO TAPE)

MARK JONES, KRON CORRESPONDENT (voice-over): Angel Raich is heading from the Thanksgiving table to the U.S. Supreme Court bench to champion the rights of the dying and disabled to take cannabis, marijuana, to ease pain and suffering. The solicitor general will be arguing on behalf of the Bush administration.

ANGEL RAICH, SUPPORTS MEDICAL MARIJUANA: For our side, it will be Professor Randy Barnett, who is a Boston University professor. And he is actually the world's leading expert of the Ninth Amendment and he's also a constitutional scholar.

JONES: For Raich, medical cannabis is not a way of life, it's a way to stay alive.

RAICH: I have an inoperable brain tumor. I have life threatening wasting syndrome. I have a seizure disorder. I have fibromyalgia, degenerative joint disease, nausea, severe chronic pain. I really am, unfortunately, riddled with illness.

JONES: The is arguing that cannabis violates interstate commerce rules and regulations. Raich's stash is grown for her with no money exchanging hands.

RAICH: Every two hours, I have to medicate with cannabis.

JONES (on camera): You don't seem high to be now.

RAICH: No, I'm not high. I don't get high. Cannabis, I use almost eight to nine pounds of cannabis per year, which is about three ounces a week, and I don't get high. I don't have any euphoria. The thing that I do get is, which is a side effect of cannabis, is I get hungry. JONES (voice-over): That cannabis inspired hunger helps her consume 3,000 calories a day, enough to make most people fat. It's barely enough to keep her at 100 pounds. And Monday, she may be the first person to appear before the U.S. Supreme Court just medicated with cannabis.

(on camera): If you lose, you're still going to be taking marijuana.

RAICH: Most definitely. I have no intentions of stopping what I'm doing no matter what the Supreme Court says. I can't because I would die and I'm not willing to allow the federal government to excite me for simply being disabled.

JONES (voice-over): In Oakland, Mark Jones, KRON 4 News.

(END VIDEO TAPE)

NGUYEN: News across America this morning.

An Oklahoma City newspaper says Terry Nichols admitted helping gather materials and assemble the bomb that killed 168 people at the federal building nine years ago. "The Daily Oklahoman" says Nichols confessed his role to state prosecutors during a plea bargain meeting last year. He's now serving life without the possibility of parole. Timothy McVeigh, as you remember, was executed in 2001 for the crime.

Divers have found a six foot gash in the cargo tank of a Greek tanker that spilled oil Friday night into the Delaware River near Philadelphia. Thirty thousand gallons of crude oil have poisoned hundreds of birds and the Port of Philadelphia is closed, stranding about a dozen commercial vessels.

New York City police are looking at security tapes to find out who set off pepper spray in an elevator. It happened at a Toys 'R Us store in Times Square on Saturday, during high shopping season. Three people were hospitalized.

And the eight-day-old political crisis deepens in Ukraine. The dispute over the presidential election is threatening to split the country and it's straining relations between Russia and the West. Now, the focus shifts this morning from the snowy streets of Kiev to the supreme court.

Our Moscow bureau chief, Jill Dougherty, has a live report now from the Ukrainian capital and she joins us -- good morning to you, Jill.

JILL DOUGHERTY, CNN CORRESPONDENT: Good morning, Betty.

Well, you know, these -- the cold and snowy streets are still filled with protesters and today they've moved over to that supreme court area. They're outside rallying from both sides, the government- backed candidate and the opposition candidate. And inside, as you said, the supreme court is going to begin to consider this appeal by the opposition. And what the opposition wants, they say that this election that took place a week ago Sunday was so flawed and had so many irregularities, voter -- vote fraud, abuse, etc. -- that the central election commission shouldn't have gone ahead and declared a winner. So they will be presenting evidence and they say they have 11,000 allegations of violations, 200 of which are very serious.

And then, from the other side, from the political side, they're pushing to try to get a vote in the parliament to say that the government should step down. And remember, the government, at this point, is being led by the prime minister, who happens to be the man who was elected president.

So we've got both of those things going on, a very important day for the opposition, because if they can get the supreme court to agree, they could go ahead and hold new elections, which is really what the opposition wants.

NGUYEN: Jill, let's talk about the supreme court. You mentioned 2,000 pieces of evidence. Is this going to be a long investigation?

DOUGHERTY: You know, they don't really have to necessarily look at every single piece of evidence and rule on that. That's not the idea. What they're going to try to say is look, we have so many allegations that regardless of whether they are investigated fully at this stage or not, the central election commission shouldn't have gone ahead. They should have had an investigation before they said who won.

So it's really a procedural thing. But it's really very important, because, again, if they can get that, they could get new elections.

NGUYEN: We've been watching pictures of these protesters in the streets for days now.

Have you spoken with any of them? Are they optimistic that the supreme court can resolve this matter entirely?

DOUGHERTY: Well, there are a couple of good things in the opposition's favor, because, after all, the parliament last week, which is really a body that has quite a bit of clout here politically, they said that they had no confidence in the central election commission and that also that commission has 15 members and four of them have said they don't even agree with the decision to announce the winner.

So on the streets, people are just saying they're going to stay there as long as it takes.

NGUYEN: The wait and see game.

All right, Jill Dougherty live in Kiev for us this morning.

Thank you, Jill. Well, you are never too young to learn about AIDS. That is the message in Thailand. At 50 after, we will take you there for the first in our series of reports on the pandemic.

But first, will your trip home turn into a holiday headache today? We'll tell you about the latest delays at 19 after.

And a little later, do you think he'll thank his agent? Well, the big green guy is finally getting his due in Hollywood. Details at 41 after.

Here's a look at what else is making news this Monday morning, November 29.

(COMMERCIAL BREAK)

(STOCK MARKET REPORT)

NGUYEN: Your news, money, weather and sports.

The time is 5:16 Eastern.

Here's what's all new this morning.

NBC Sports President Dick Ebersol is in the hospital this morning, along with one of his sons. They were seriously injured in a charter jet crash in Colorado. Denver's KUSA TV reports another son is still missing. At least two people were killed in that crash.

The jurors who convicted Scott Peterson of killing his pregnant wife and unborn son will be back in court today. This time, they'll decide if Peterson should spend his life behind bars or die.

In money, will the U.S. have enough heating oil to make it through the winter? Well, some investors think it might and that's easing crude oil futures. But oil still, it's not cheap. It's nearly $50 a barrel.

In culture, "National Treasure" strikes gold at the box office. The Nicholas Cage adventure was number one for a second weekend. Preliminary estimates show it brought in $33 million.

And to sports now. The Philadelphia Eagles win a fourth straight NFC East title after thumping Eli Manning and the New York Giants 27-6 on Sunday. The Eagles are only the third team to win a division title by the eleventh game.

And, Rob, I can only imagine that you were in front of the television yesterday watching.

MARCIANO: Unfortunately, my team lost and I think it's because they're wearing a red -- where do those red jerseys come from?

NGUYEN: Throwbacks?

MARCIANO: It's like they're playing J.V. (WEATHER REPORT)

NGUYEN: Many holiday travelers are heading home this morning after the Thanksgiving break, and a lot of them, well, they're still facing travel delays.

Here is CNN's Alina Cho.

(BEGIN VIDEO TAPE)

ALINA CHO, CNN CORRESPONDENT: So are you a little surprised that you weren't delayed a little bit more?

MARILYN GWARTZMAN, DELAYED TRAVELER: I'm in shock. I'm in shock.

CHO (voice-over): Marilyn Gwartzman, here visiting her son, is heading back to Toronto. Her flight was delayed 40 minutes. It's a good thing.

GWARTZMAN: Any further delay and I may say take me back to Aunt Harriet's house. I'm staying. The hotel rate is good at my sister's house.

CHO: After Thanksgiving at grandmother's house, many Americans are making their way home now. New York's three major airports saw minor delays Sunday, mostly due to the weather.

Joseph Sanger was trying to make a flight to Chicago.

JOSEPH SANGER, DELAYED TRAVELER: I've been here for about an hour. I've moved about 25 feet, which is frustrating.

CHO: Others were less stressed, passing the time on a rocking chair, playing cards or testing out massage chairs.

Sue Miller is going home to Ohio.

(on camera): Well, if you're going to be delayed, this isn't a bad way to pass the time.

SUE MILLER, DELAYED TRAVELER: That's what I said. It feels kind of nice, so, a good way to sell their chairs, you know?

CHO: Upset about it? You don't look too upset.

UNIDENTIFIED MALE: No, I didn't care. But, you know, it was going on to Fort Lauderdale, getting out of this weather, how could you be upset about that?

CHO (voice-over): Native New Yorker Marilyn Gwartzman believes Thanksgiving travel to the Big Apple, delays or not, can't be beat.

GWARTZMAN: I decided they don't want to leave New York because New York is still a fabulous place to be. CHO (on camera): One and a half million people will pass through New York's three big airports this holiday weekend. Overall, travel is up 3 percent over last year, the highest number of travelers we've seen since September 11.

Alina Cho, CNN, New York.

(END VIDEO TAPE)

NGUYEN: And talk about delays, take a look at this. Reno-Tahoe International Airport in Nevada had it big time. A snowstorm and a malfunction in the airport's instrument landing system forced dozens of flights to be delayed or canceled. An airport spokesman says about 4,000 people were affected by the equipment breakdown and half of the travelers won't be able to get flights out until later today or maybe even tomorrow. That's a long wait.

Well, that brings us to our DAYBREAK E-Mail Question of the Day. What was your holiday travel experience like? Let you know what you think at daybreak@cnn.com. And we will read those responses on the air a little bit later.

But still to come this morning, Julia Roberts takes on a new role and she's not acting this time. It's the real deal.

You're watching DAYBREAK for Monday, November 29.

(COMMERCIAL BREAK)

NGUYEN: Time now to check our Web clicks this morning, what stories are getting your attention on the Web site.

So let's go to cnn.com to check those out.

First up, though, Julia Roberts gives birth to twins. Mom, Hazel Patricia is the daughter and Phinnaeus Walter were born yesterday. Now, Phinnaeus is the character from the book "Around The World In 80 Days," Rob.

MARCIANO: Oh.

NGUYEN: But we're not sure if that's why she named her son Phinnaeus. But the Walter we know. That was her father's name. Very interesting.

MARCIANO: Sure.

NGUYEN: You were almost named a Phinnaeus, right?

MARCIANO: Yes, there's a long list of Phinnaeuses in the Marciano family.

NGUYEN: In your family.

All right, number two on the list, Oliver Stone's three hour epic "Alexander" opened at number six. I think some folks were kind of surprised by that, because there was a lot of talk when it first came out.

MARCIANO: Well, I mean, I don't know, can you see Collin Ferrell playing this field?

NGUYEN: I think more importantly it's a holiday weekend. Who wants to watch an epic?

MARCIANO: Right.

NGUYEN: I think a lot of kiddos were out. They were watching "The Incredibles." That was number two. And then "National Treasure" was number one at the box office. So it just may not have been the right kind of weekend for it.

MARCIANO: I just see him carrying a pint of Guinness more than a spear and a shield.

NGUYEN: Than conquering the world.

MARCIANO: Yes.

NGUYEN: And this is on our list, as well, as some of the most popular stories on the Web. It's about a daughter who, I don't know who taught the lesson here, a father was trying to teach his daughter a lesson about drinking. But that backfired and when the cops were called out to their house, the daughter turned the father in for having not only weapons, but drugs at the house. Lots of problems in that house, I believe.

MARCIANO: So -- I'm trying to figure this out. The husband -- the father called the cops to kind of give her, their daughter a little bit of a ribbing.

NGUYEN: Because she came home drunk.

MARCIANO: Right.

NGUYEN: And she said wait, hold up.

MARCIANO: Yes.

NGUYEN: There are...

MARCIANO: Dad's much worse a player than I am.

NGUYEN: There are guns and drugs in this house, semi-automatic guns, they found. And then seized 600 vials of cocaine.

MARCIANO: OK, all right, dad, way to teach a daughter a lesson there.

NGUYEN: Very interesting there in that family. They've got some issues.

MARCIANO: How are you doing this morning?

NGUYEN: I'm doing well.

How are you doing?

MARCIANO: Nice to have you.

Carol is taking a break and Chad's trying to have a baby. That's why we're here today.

NGUYEN: Yes. His wife was induced yesterday, I believe?

MARCIANO: I think they're going in today.

NGUYEN: Going in today.

MARCIANO: If she hasn't had it already.

NGUYEN: So today is the big day?

MARCIANO: Yes.

NGUYEN: Well, congratulations to them. Hopefully it will happen very soon and it won't be too painful.

MARCIANO: Hopefully not.

NGUYEN: All right, well, here's what's all new in the next half hour.

Godzilla is 50, but the big guy just keeps on stomping. We'll look at some of the men behind the fire breathing monster.

This is DAYBREAK for Monday morning.

(COMMERCIAL BREAK)

(BEGIN VIDEO TAPE)

UNIDENTIFIED MALE: Women flip for him. Bela Karolyi has spent his career coaching women Olympic gymnastics champions, from Nadia Comaneci to Mary Lou Retton.

Now, he's the director of the U.S. National Women's Training Center. BELA KAROLYI, FORMER OLYMPIC GYMNASTICS COACH: My advice is the standard one -- work hard and try, you know, to be very dedicated. Dream big.

UNIDENTIFIED MALE: To score a perfect 10, Karolyi believes leaders need to get along with a variety of people.

KAROLYI: Leadership is always, it's based on keeping in touch with the reality. Every person is different and every person has a different personality. You've got to be with them. So it's a combined very, very, very close relationship.

(END VIDEO TAPE)

(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

BETTY NGUYEN, CNN ANCHOR: Crisis in Kiev -- the Ukraine Supreme Court hears an appeal by the opposition candidate. We'll go there live in just a few minutes.

U.S. troops missed this terrorist leader in Falluja and in Mosul. The search for Abu Musab al-Zarqawi.

And we'll tell you to Thailand, where you're never too young to learn about AIDS.

It's Monday, November 29, and you're watching DAYBREAK.

Well, good morning.

Thanks for waking up with us.

I'm Betty Nguyen in for Carol Costello this morning.

There's a lot going on, so let's check the headlines right now.

NBC Sports President Dick Ebersol and a son are hospitalized this morning after their chartered plane crashed in Colorado. Rescuers are looking for another son. The pilot and co-pilot were killed in that crash about 185 miles southwest of Denver.

Spain's fpm is defending his government's handling of the Madrid train bombings last March. Jose Maria Aznar is testifying before a panel investigating the bombings that killed almost 200 people.

In northwest China, 141 coal miners remain trapped following a gas explosion that killed at least 25 workers. One hundred twenty- seven miners escaped the mine after Sunday's explosion. China's state run news agency quotes rescuers who say that the chances for survival are slim.

The U.S. Supreme Court hands down rulings and hears arguments today. First on the agenda, a test of medical marijuana laws. The arguments begin at 10:00 a.m. Eastern.

Well, hopefully you got home safely. Some people are still stuck because of bad weather -- Rob.

ROB MARCIANO, CNN METEOROLOGIST: Hey, Betty, yes, it's kind of a mess out there in sports. Now that we're sliding into the winter season, we're getting more winter like weather.

(WEATHER REPORT)

NGUYEN: Federal investigators are at the site of a plane crash in Montrose, Colorado. The charter jet carrying NBC Sports executive Dick Ebersol crashed and burned on takeoff. Ebersol is seriously injured. Now his son Charles survived, but a Denver television station reports his 14-year-old son Teddy is still missing. An FAA spokesman says the jet struck a fence beyond the end of the runway.

CNN's Carol Lin has the details.

(BEGIN VIDEO TAPE)

CAROL LIN, CNN ANCHOR (voice-over): The still photo taken by a local newspaper photographer of the crash scene offers only a few eerie clues of what happened. Yes, there was snow and some wind. But nothing unusual for the Montrose regional airport.

Dick Ebersol and five others were heading to South Bend, Indiana when their charter jet crashed here around 10:00 a.m. Mountain time. And when it did, the plane plowed through a fence and burst into flames. The pilot and co-pilot died. Another passenger is missing. But somehow Ebersol and two others survived. But they are in serious condition.

Research the name Dick Ebersol and you do find a remarkable story of survival and success in the television business. He started as a researcher at ABC Sports and went on to produce shows like "Saturday Night Live." But he was much better at sports programming, snaring the Olympics, Super Bowl contracts and bringing the NBA back to network TV when it was all the rage.

Dick Ebersol is married to actress Susan Saint James and has three children. We do know she was not on the plane that crashed. Very few details are coming from the remote crash scene, where investigators and rescue workers will have to navigate the cold, rough, mountainous terrain.

(END VIDEO TAPE)

NGUYEN: Now Chuck Distel, eyewitness to the Ebersol plane crash, will be a guest in the second hour of CNN's "AMERICAN MORNING." That comes your way in about three hours from now.

Two powerful Republican opponents of an intelligence bill are not backing down despite pressure from both political parties. An overall of the nation's intelligence services was one of the main recommendations of the panel that investigated the September 11 terrorist attacks.

House Judiciary Chairman James Sensenbrenner wants the bill to deal with illegal immigration. But some law makers say action needs to be taken before the next Congress convenes.

(BEGIN VIDEO CLIP)

SEN. JOSEPH LIEBERMAN (D), CONNECTICUT: It's up to the president now. I mean, we've got a week to try to bring this bill to a vote and I think the president clearly wants it. And I can't believe that the speaker, who also is for the bill and worked very hard for the compromise agreement we came up with, is not going to let the roll be called.

REP. JAMES SENSENBRENNER (R), WISCONSIN: What good is reorganizing intelligence if we don't have homeland security? Eighty- five percent of the American public wants to see immigration reform for our own protection and it's the senators that are ignoring that.

(END VIDEO CLIP)

NGUYEN: The bill would create a national intelligence director and a national counter-terrorism center.

Well, marijuana used as medicine -- the U.S. Supreme Court hears arguments on that issue today. On one side, a California woman who says she needs the drug to ease the pain of a brain tumor. On the other side is the federal government, which says pot is illegal.

Mark Jones of our San Francisco affiliate, KRON, has more.

(BEGIN VIDEO TAPE)

MARK JONES, KRON CORRESPONDENT (voice-over): Angel Raich is heading from the Thanksgiving table to the U.S. Supreme Court bench to champion the rights of the dying and disabled to take cannabis, marijuana, to ease pain and suffering. The solicitor general will be arguing on behalf of the Bush administration.

ANGEL RAICH, SUPPORTS MEDICAL MARIJUANA: For our side, it will be Professor Randy Barnett, who is a Boston University professor. And he is actually the world's leading expert of the Ninth Amendment and he's also a constitutional scholar.

JONES: For Raich, medical cannabis is not a way of life, it's a way to stay alive.

RAICH: I have an inoperable brain tumor. I have life threatening wasting syndrome. I have a seizure disorder. I have fibromyalgia, degenerative joint disease, nausea, severe chronic pain. I really am, unfortunately, riddled with illness.

JONES: The is arguing that cannabis violates interstate commerce rules and regulations. Raich's stash is grown for her with no money exchanging hands.

RAICH: Every two hours, I have to medicate with cannabis.

JONES (on camera): You don't seem high to be now.

RAICH: No, I'm not high. I don't get high. Cannabis, I use almost eight to nine pounds of cannabis per year, which is about three ounces a week, and I don't get high. I don't have any euphoria. The thing that I do get is, which is a side effect of cannabis, is I get hungry.

JONES (voice-over): That cannabis inspired hunger helps her consume 3,000 calories a day, enough to make most people fat. It's barely enough to keep her at 100 pounds. And Monday, she may be the first person to appear before the U.S. Supreme Court just medicated with cannabis.

(on camera): If you lose, you're still going to be taking marijuana.

RAICH: Most definitely. I have no intentions of stopping what I'm doing no matter what the Supreme Court says. I can't because I would die and I'm not willing to allow the federal government to excite me for simply being disabled.

JONES (voice-over): In Oakland, Mark Jones, KRON 4 News.

(END VIDEO TAPE)

NGUYEN: News across America this morning.

An Oklahoma City newspaper says Terry Nichols admitted helping gather materials and assemble the bomb that killed 168 people at the federal building nine years ago. "The Daily Oklahoman" says Nichols confessed his role to state prosecutors during a plea bargain meeting last year. He's now serving life without the possibility of parole. Timothy McVeigh, as you remember, was executed in 2001 for the crime.

Divers have found a six foot gash in the cargo tank of a Greek tanker that spilled oil Friday night into the Delaware River near Philadelphia. Thirty thousand gallons of crude oil have poisoned hundreds of birds and the Port of Philadelphia is closed, stranding about a dozen commercial vessels.

New York City police are looking at security tapes to find out who set off pepper spray in an elevator. It happened at a Toys 'R Us store in Times Square on Saturday, during high shopping season. Three people were hospitalized.

And the eight-day-old political crisis deepens in Ukraine. The dispute over the presidential election is threatening to split the country and it's straining relations between Russia and the West. Now, the focus shifts this morning from the snowy streets of Kiev to the supreme court.

Our Moscow bureau chief, Jill Dougherty, has a live report now from the Ukrainian capital and she joins us -- good morning to you, Jill. JILL DOUGHERTY, CNN CORRESPONDENT: Good morning, Betty.

Well, you know, these -- the cold and snowy streets are still filled with protesters and today they've moved over to that supreme court area. They're outside rallying from both sides, the government- backed candidate and the opposition candidate. And inside, as you said, the supreme court is going to begin to consider this appeal by the opposition.

And what the opposition wants, they say that this election that took place a week ago Sunday was so flawed and had so many irregularities, voter -- vote fraud, abuse, etc. -- that the central election commission shouldn't have gone ahead and declared a winner. So they will be presenting evidence and they say they have 11,000 allegations of violations, 200 of which are very serious.

And then, from the other side, from the political side, they're pushing to try to get a vote in the parliament to say that the government should step down. And remember, the government, at this point, is being led by the prime minister, who happens to be the man who was elected president.

So we've got both of those things going on, a very important day for the opposition, because if they can get the supreme court to agree, they could go ahead and hold new elections, which is really what the opposition wants.

NGUYEN: Jill, let's talk about the supreme court. You mentioned 2,000 pieces of evidence. Is this going to be a long investigation?

DOUGHERTY: You know, they don't really have to necessarily look at every single piece of evidence and rule on that. That's not the idea. What they're going to try to say is look, we have so many allegations that regardless of whether they are investigated fully at this stage or not, the central election commission shouldn't have gone ahead. They should have had an investigation before they said who won.

So it's really a procedural thing. But it's really very important, because, again, if they can get that, they could get new elections.

NGUYEN: We've been watching pictures of these protesters in the streets for days now.

Have you spoken with any of them? Are they optimistic that the supreme court can resolve this matter entirely?

DOUGHERTY: Well, there are a couple of good things in the opposition's favor, because, after all, the parliament last week, which is really a body that has quite a bit of clout here politically, they said that they had no confidence in the central election commission and that also that commission has 15 members and four of them have said they don't even agree with the decision to announce the winner.

So on the streets, people are just saying they're going to stay there as long as it takes.

NGUYEN: The wait and see game.

All right, Jill Dougherty live in Kiev for us this morning.

Thank you, Jill.

Well, you are never too young to learn about AIDS. That is the message in Thailand. At 50 after, we will take you there for the first in our series of reports on the pandemic.

But first, will your trip home turn into a holiday headache today? We'll tell you about the latest delays at 19 after.

And a little later, do you think he'll thank his agent? Well, the big green guy is finally getting his due in Hollywood. Details at 41 after.

Here's a look at what else is making news this Monday morning, November 29.

(COMMERCIAL BREAK)

(STOCK MARKET REPORT)

NGUYEN: Your news, money, weather and sports.

The time is 5:16 Eastern.

Here's what's all new this morning.

NBC Sports President Dick Ebersol is in the hospital this morning, along with one of his sons. They were seriously injured in a charter jet crash in Colorado. Denver's KUSA TV reports another son is still missing. At least two people were killed in that crash.

The jurors who convicted Scott Peterson of killing his pregnant wife and unborn son will be back in court today. This time, they'll decide if Peterson should spend his life behind bars or die.

In money, will the U.S. have enough heating oil to make it through the winter? Well, some investors think it might and that's easing crude oil futures. But oil still, it's not cheap. It's nearly $50 a barrel.

In culture, "National Treasure" strikes gold at the box office. The Nicholas Cage adventure was number one for a second weekend. Preliminary estimates show it brought in $33 million.

And to sports now. The Philadelphia Eagles win a fourth straight NFC East title after thumping Eli Manning and the New York Giants 27-6 on Sunday. The Eagles are only the third team to win a division title by the eleventh game.

And, Rob, I can only imagine that you were in front of the television yesterday watching. MARCIANO: Unfortunately, my team lost and I think it's because they're wearing a red -- where do those red jerseys come from?

NGUYEN: Throwbacks?

MARCIANO: It's like they're playing J.V.

(WEATHER REPORT)

NGUYEN: Many holiday travelers are heading home this morning after the Thanksgiving break, and a lot of them, well, they're still facing travel delays.

Here is CNN's Alina Cho.

(BEGIN VIDEO TAPE)

ALINA CHO, CNN CORRESPONDENT: So are you a little surprised that you weren't delayed a little bit more?

MARILYN GWARTZMAN, DELAYED TRAVELER: I'm in shock. I'm in shock.

CHO (voice-over): Marilyn Gwartzman, here visiting her son, is heading back to Toronto. Her flight was delayed 40 minutes. It's a good thing.

GWARTZMAN: Any further delay and I may say take me back to Aunt Harriet's house. I'm staying. The hotel rate is good at my sister's house.

CHO: After Thanksgiving at grandmother's house, many Americans are making their way home now. New York's three major airports saw minor delays Sunday, mostly due to the weather.

Joseph Sanger was trying to make a flight to Chicago.

JOSEPH SANGER, DELAYED TRAVELER: I've been here for about an hour. I've moved about 25 feet, which is frustrating.

CHO: Others were less stressed, passing the time on a rocking chair, playing cards or testing out massage chairs.

Sue Miller is going home to Ohio.

(on camera): Well, if you're going to be delayed, this isn't a bad way to pass the time.

SUE MILLER, DELAYED TRAVELER: That's what I said. It feels kind of nice, so, a good way to sell their chairs, you know?

CHO: Upset about it? You don't look too upset.

UNIDENTIFIED MALE: No, I didn't care. But, you know, it was going on to Fort Lauderdale, getting out of this weather, how could you be upset about that? CHO (voice-over): Native New Yorker Marilyn Gwartzman believes Thanksgiving travel to the Big Apple, delays or not, can't be beat.

GWARTZMAN: I decided they don't want to leave New York because New York is still a fabulous place to be.

CHO (on camera): One and a half million people will pass through New York's three big airports this holiday weekend. Overall, travel is up 3 percent over last year, the highest number of travelers we've seen since September 11.

Alina Cho, CNN, New York.

(END VIDEO TAPE)

NGUYEN: And talk about delays, take a look at this. Reno-Tahoe International Airport in Nevada had it big time. A snowstorm and a malfunction in the airport's instrument landing system forced dozens of flights to be delayed or canceled. An airport spokesman says about 4,000 people were affected by the equipment breakdown and half of the travelers won't be able to get flights out until later today or maybe even tomorrow. That's a long wait.

Well, that brings us to our DAYBREAK E-Mail Question of the Day. What was your holiday travel experience like? Let you know what you think at daybreak@cnn.com. And we will read those responses on the air a little bit later.

But still to come this morning, Julia Roberts takes on a new role and she's not acting this time. It's the real deal.

You're watching DAYBREAK for Monday, November 29.

(COMMERCIAL BREAK)

NGUYEN: Time now to check our Web clicks this morning, what stories are getting your attention on the Web site.

So let's go to cnn.com to check those out.

First up, though, Julia Roberts gives birth to twins. Mom, Hazel Patricia is the daughter and Phinnaeus Walter were born yesterday. Now, Phinnaeus is the character from the book "Around The World In 80 Days," Rob.

MARCIANO: Oh.

NGUYEN: But we're not sure if that's why she named her son Phinnaeus. But the Walter we know. That was her father's name. Very interesting.

MARCIANO: Sure.

NGUYEN: You were almost named a Phinnaeus, right?

MARCIANO: Yes, there's a long list of Phinnaeuses in the Marciano family.

NGUYEN: In your family.

All right, number two on the list, Oliver Stone's three hour epic "Alexander" opened at number six. I think some folks were kind of surprised by that, because there was a lot of talk when it first came out.

MARCIANO: Well, I mean, I don't know, can you see Collin Ferrell playing this field?

NGUYEN: I think more importantly it's a holiday weekend. Who wants to watch an epic?

MARCIANO: Right.

NGUYEN: I think a lot of kiddos were out. They were watching "The Incredibles." That was number two. And then "National Treasure" was number one at the box office. So it just may not have been the right kind of weekend for it.

MARCIANO: I just see him carrying a pint of Guinness more than a spear and a shield.

NGUYEN: Than conquering the world.

MARCIANO: Yes.

NGUYEN: And this is on our list, as well, as some of the most popular stories on the Web. It's about a daughter who, I don't know who taught the lesson here, a father was trying to teach his daughter a lesson about drinking. But that backfired and when the cops were called out to their house, the daughter turned the father in for having not only weapons, but drugs at the house. Lots of problems in that house, I believe.

MARCIANO: So -- I'm trying to figure this out. The husband -- the father called the cops to kind of give her, their daughter a little bit of a ribbing.

NGUYEN: Because she came home drunk.

MARCIANO: Right.

NGUYEN: And she said wait, hold up.

MARCIANO: Yes.

NGUYEN: There are...

MARCIANO: Dad's much worse a player than I am.

NGUYEN: There are guns and drugs in this house, semi-automatic guns, they found. And then seized 600 vials of cocaine.

MARCIANO: OK, all right, dad, way to teach a daughter a lesson there.

NGUYEN: Very interesting there in that family. They've got some issues.

MARCIANO: How are you doing this morning?

NGUYEN: I'm doing well.

How are you doing?

MARCIANO: Nice to have you.

Carol is taking a break and Chad's trying to have a baby. That's why we're here today.

NGUYEN: Yes. His wife was induced yesterday, I believe?

MARCIANO: I think they're going in today.

NGUYEN: Going in today.

MARCIANO: If she hasn't had it already.

NGUYEN: So today is the big day?

MARCIANO: Yes.

NGUYEN: Well, congratulations to them. Hopefully it will happen very soon and it won't be too painful.

MARCIANO: Hopefully not.

NGUYEN: All right, well, here's what's all new in the next half hour.

Godzilla is 50, but the big guy just keeps on stomping. We'll look at some of the men behind the fire breathing monster.

This is DAYBREAK for Monday morning.

(COMMERCIAL BREAK)

(BEGIN VIDEO TAPE)

UNIDENTIFIED MALE: Women flip for him. Bela Karolyi has spent his career coaching women Olympic gymnastics champions, from Nadia Comaneci to Mary Lou Retton.

Now, he's the director of the U.S. National Women's Training Center. BELA KAROLYI, FORMER OLYMPIC GYMNASTICS COACH: My advice is the standard one -- work hard and try, you know, to be very dedicated. Dream big.

UNIDENTIFIED MALE: To score a perfect 10, Karolyi believes leaders need to get along with a variety of people. KAROLYI: Leadership is always, it's based on keeping in touch with the reality. Every person is different and every person has a different personality. You've got to be with them. So it's a combined very, very, very close relationship.

(END VIDEO TAPE)

(COMMERCIAL BREAK)

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