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American Morning
'Paging Dr. Gupta'; Jury in Scott Peterson Case Will Begin Hearing Arguments Today on Whether Peterson Should Get Life in Prison or Death
Aired November 30, 2004 - 08:30 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: Welcome back, everybody. Just about half past the hour on this AMERICAN MORNING. Family and friends are expected to testify in a very emotional day in the Scott Peterson trial. The sentencing phase now beginning. We're going to take a look at what the jury will see and hear as they consider the death penalty for Scott.
MILES O'BRIEN, CNN ANCHOR: Also some life and death work that turned into just a big party. We'll look at the emergency dispatchers caught on videotape, partying the night away. A lot was going on when the phones weren't ringing.
S. O'BRIEN: They're dancing, that's amazing. I mean, they're working. I just see them walking around with a beer, I think, a little bit earlier, too, on that tape.
M. O'BRIEN: I don't think they're working now there.
S. O'BRIEN: Probably not would be my guess.
Before we get to any of that, though, let's get right to the headlines. Heidi Collins with us this morning.
Good morning.
HEIDI COLLINS, CNN ANCHOR: Good morning, guys, and good morning to you and everybody. Now in the news today, there's word of a plane crash in Afghanistan. Military and security sources say an aircraft went missing this weekend. Three U.S. troops and three American civilians believed to be on board. The U.S. military apparently conducting a search-and-rescue operation in the area where the plane is thought to have gone down.
Iran says its nuclear freeze is only temporary. Iran's chief nuclear negotiator says the country has agreed to suspend its uranium- enrichment activities, but only for several months, until negotiations with Europe are complete. Iran has insisted its nuclear program is for peaceful purposes.
The Ukrainian Supreme Court is edging closer to a decision in the country's hotly contested presidential election. Protesters supporting the opposition president broke through a door, trying to get past security at Ukraine's parliament building. The opposition wants to repeat the elections. Ukraine's outgoing president is now suggesting a new election be held with new candidates. Here in the United States, rescue efforts still under way this hour for a construction worker trapped in a collapsed trench in Cumming (ph), Georgia. The man was buried up to his neck in dirt after the trench collapsed last night. Officials believe he was trapped in a an air pocket, though. Emergency crews are on hand trying to free him. And as we said before, we will keep you updated on that story as we get more details.
M. O'BRIEN: All right, thanks, Heidi.
The jury in the Scott Peterson case will begin hearing arguments today on whether Peterson should get life in prison or death for murdering his wife, Laci, and their unborn son.
Rusty Dornin live in Redwood City, California with more.
Good morning, Rusty.
RUSTY DORNIN, CNN CORRESPONDENT: Miles, one of my most vivid memories about this case over the past two years was the day that Scott Peterson was arrested, and Laci Peterson's mother, Sharon Rocha, gave this gut-wrenching speech about her incredible loss. That speech brought tears to the eyes of many seasoned journalists, and even law enforcement officers in the room. We can expect that kind of raw emotion in the testimony to come over the next few days. In fact, a jury will even see and hear some of the tributes at Laci Peterson memorial, including photos, and even a song by Van Morrison.
(BEGIN VIDEOTAPE)
DORNIN (voice-over): Images of the brown-eyed girl known as Laci Peterson. During this latest recess, the judge decided which parts of the funeral video the jury can see as they decide her husbands Scott Peterson's fate. Up close, personal and very emotional testimony is expected from family and friends as they confront Peterson for the first time in court. The defense will also offer family and friends, along with other witnesses, who will vouch for Peterson's character in the past.
Also likely, an expert who will talk about the horrors of life in prison as opposed to the death penalty, in an attempt to prove that the lesser sentence will adequately punish Peterson.
Legal analysts say the defense will probably zero in on possible lingering doubt on the part of jurors, the fact there was no crime scene, no murder weapon, no cause of death.
Arguments that the jury was influenced by the post conviction carnival-like atmosphere and that there were problems with the dismissal of juror No. 5 were rejected by an appeals court and the California Supreme Court. The courts turned down defense attorney Mark Geragos' plea to seek a new penalty-phase jury and change the venue. The latest rejections clear the way for the penalty phase to begin.
JIM HAMMER, LEGAL ANALYST: This is a very difficult time for victims' families, wondering what's going to happen. It's one of the downsides of the death penalty. If they do sentence him to death, Sharon Rocha will be waiting 10, 15, 20 years for that to happen, and any day that conviction could be overturned.
DORNIN: The jury is expected to begin deliberations by the end of this week or early next week.
(END VIDEOTAPE)
DORNIN: The judge also decided -- we'll see the actual instructions that he gives the jury today, because he's going to allow a broadcast feed of that. But when the jury does deliver the verdict on his sentence, that will be broadcast by audio only, as was with the verdict -- Miles.
M. O'BRIEN: Rusty, who will speak first today?
DORNIN: Well, we're expecting two of Laci Peterson's very close friends. They were actually in court last week, expecting to speak if the penalty phase had gone forward last week. They're going to be up, as well as Laci Peterson's father, Dennis Rocha.
M. O'BRIEN: Rusty Dornin, in Redwood City, California, thanks much -- Soledad.
DORNIN: For the second time in as many years, President Bush is overhauling his economic policy team. Yesterday, he picked a new commerce secretary, and more changes are expected.
Joining us to trade political jabs from Philadelphia, Republican strategist Joe Watkins.
Hey, Joe, good morning.
JOE WATKINS, REPUBLICAN STRATEGIST: Good morning, Soledad.
S. O'BRIEN: And from Washington D.C., Democratic strategist, Karen Finney.
Hi, Karen. Good morning to you.
KAREN FINNEY, DEMOCRATIC STRATEGIST: Good morning. Good to be with you.
S. O'BRIEN: Thank you very much.
Joe, let's begin with you, who's Carlos Gutierrez outside of the fact that we know he's from Kellogg, who exactly is this guy?
WATKINS: Well, he's really a great American story, Soledad. I mean, here's a guy who came to this country as a 6-year-old, didn't know any English at all, learned his English from a bellhop in a Miami hotel, took his first job in 1975 as sales and marketing trainee for Kellogg, driving a truck in Mexico City, pedaling Kellogg's Cornflakes, and 24 years later, he becomes chief executive officer of the company, and he's done a great job leading that company. Since 1999, the sales have risen over $2 billion. So this is really a spectacular guy and great appointment for this president.
S. O'BRIEN: People, Karen, point to this guy and say, see, he's not an insider. Do you -- what do you think of his appointment now?
FINNEY: Well, I think, you know, it will be interesting to see what he's able to do for the United States. He has great accomplishments for Kellogg, but I think the devil is going to be in the details, in terms of, how will he open markets for American products? How will he address the massive trade deficits that we're now looking at, the massive job loss, particularly in manufacturing sectors.
And I would also say, I mean, this trend seems to be, doesn't seem to be someone who will be setting economic policy, but rather someone who will be implementing Bush policies, which means, quite frankly, it's disturbing, because it means we'll probably see more of the same.
WATKINS: I don't think so. I think that you're talking somebody who's an outsider, he's somebody who doesn't have a previously existing relationship with this president. He's going to do a great job. This is a guy who's innovative, creative, smart, successful. He succeeded in corporate America. He's going to great for entrepreneurs. I think he's going to be a great person for this president.
FINNEY: Well, Joe, I hope he does do a great job, but there, again, he's untested in this arena, so again, the devil is going to be in the details. We'll have to see what he does.
S. O'BRIEN: Do you think, Karen, with the president's ambitious plans for revamping the tax code, for privatizing, to some degree, Social Security, do you think that these become a done deal with at least the start of a new economic team?
FINNEY: Well, look, I'm happy to see the president, frankly, focusing on the U.S. economy. I mean, it's about time. Again, we're facing record job losses in this country, massive deficits, loss in the value of the dollar, so I'm happy to see him turning his attention to it. But we do know that in part, some of these changes do signal, you know, some of these plans around Social Security. Again, they haven't been able to tell us how they'll pay for it. By their own admission, it's going to add two trillion dollars to the deficit.
WATKINS: I mean, let's face it, this president has done a great job. I mean, look what he's done in terms of bringing us out of the recession and helping to grow the academy the way he has.
FINNEY: Joe, what about the massive job losses? What the 2.7 million manufacturing jobs we lost.
WATKINS: Jobs are coming back at breakneck speed. And one of the ways to do it, of course, is to create new jobs, and the best way to do that is the way how he's done it, by implementing a tax cut, and by allowing entrepreneurs and small businesses to flourish as they have. That's where 70 percent of the new jobs are coming. FINNEY: The irony of that tax cut, is that tax cut actually could help preserve Social Security for another 75 years. Unfortunately, that tax cut benefited not the folks who need and will rely on Social Security, but the wealthiest of Americans.
WATKINS: Absolutely not.
S. O'BRIEN: That will be the final word this morning. Guys, as always, nice to see you, Karen and Joe -- Miles.
WATKINS: Thanks so much, Soledad.
M. O'BRIEN: Calling 9/11 is often the first line of defense for people in need of help. Now evidence that workers at a Massachusetts 9/11 call center may have partied while the job.
CNN's Dan Lothian with that.
(BEGIN VIDEOTAPE)
DAN LOTHIAN, CNN CORRESPONDENT: In Lawrence, Massachusetts, a firefighter and a dispatcher inside a 9/11 call center begin their overnight shift, a night that will include dancing, drinking, and allegedly using drugs.
UNIDENTIFIED MALE: There was quite a bit of drugs at the location.
LOTHIAN: Firefighter Ecedro Cordero (ph) is caught on surveillance tape pulling a white packet from his socks. Then, more than a dozen times over a 14-hour shift with dispatcher Judy Britto (ph), both are seen snorting what officials allege is cocaine. Residents are shocked.
CAROLYN GUIDE, LAWRENCE RESIDENT: I think it's pretty despicable that, you know, there are people that, you know, they're getting paid with taxpayer dollars, and they're doing things that should not -- they should not be doing.
LOTHIAN: Authorities installed a hidden camera two weeks ago after a tipster told them that the two workers, along with some non- employee friends, had often partied on the job. Cordero and Britto have been fired.
MYR. MICHAEL SULLIVAN, LAWRENCE MASSACHUSETTS: We don't tolerate any inappropriate actions at work, especially when you're taking emergency phone calls.
LOTHIAN: He says while allegedly snorting cocaine and drinking what appeared to be beer, they handled serious calls, like a car collision and a building fire, without any apparent problems, but he's concerned about what may have gone unnoticed in the past.
(on camera): The now former city employees could not be reached for comment, but the police department and the mayor say Cordero admitted to taking drugs and drinking on the job when confronted with the tape. Britto, they say, continued to deny any wrongdoing.
(voice-over): An investigation has been launched, but the police department doesn't anticipate any charges.
POLICE CHIEF JOHN ROMERO, LAWRENCE, MASSACHUSETTS: In the absence of having that physical evidence, you wouldn't be able to bring a criminal prosecution forward on that particular incident.
LOTHIAN: A city rocked reality TV, in black and white.
Dan Lothian, CNN, Boston.
(END VIDEOTAPE)
M. O'BRIEN: Now officials say Cordero has five days to ask for a termination hearing while Britto may appeal the decision through her union.
(WEATHER REPORT)
M. O'BRIEN: Still to come on AMERICAN MORNING, Jack tells us why the optimist club needs to change its name.
S. O'BRIEN: And on a serious note, doctors consider Botox pretty safe, but developers in Florida and New Jersey may change that notion. We are checking that with Dr. Gupta. Stay with us.
(COMMERCIAL BREAK)
M. O'BRIEN: All right, Paging Dr. Gupta this morning, the subject is Botox and botulism. Health officials in two states investigating a possible link. Sanjay joining us now from the CNN Center with more.
And it's worth explaining to folks what precisely Botox is and how it works, and what its links are to botulism first, I suppose.
DR. SANJAY GUPTA, CNN MEDICAL CORRESPONDENT: Yes, that's right, Miles. And Botox has been around for some time, obviously gaining in popularity, recently for the treatment of wrinkles. But what it is, is actually using a known neurotoxin that's produced by a bacteria, the botulism bacteria, which is that's where it gets its name Botox. Very small amounts of this neurotoxin is actually used in Botox shots, but that's what's at issue here. Could this in some way of caused the symptoms of botulism? Two parents in Florida, two patients in New Jersey now sick. The two patients in Florida confirmed to have botulism.
(BEGIN VIDEO CLIP)
DR. CHARLES SCHALLOP, PALM BEACH GARDENS MEDICAL CENTER: This is very serious. These are two young, healthy individuals who are now critically ill on breathing machines.
(END VIDEO CLIP) GUPTA: So you can get a sense of just how significant a botulism infection could be. What are some of the symptoms of a botulism infection, a very rare infection nowadays, with double vision, droopy eyelids, slurred speech, difficulty swallowing, dry mouth, muscle weakness as well. The muscle weakness is what probably put two of these patients on ventilators in Florida, so very significant. Allergan, the company that makes Botox, immediately releasing a statement talking specifically about this, saying at this time Allergan cannot determine whether the stories involving patients treated at the Advanced Integrated Medical Center in Ft. Lauderdale, Florida is possibly -- have anything to do with Botox. "We're working diligently with appropriate health authorities to determine the facts surrounding these cases." Miles, so a lot of unknown answers still to be answered here, Miles.
M. O'BRIEN: All right, botulism is serious, and can lay you up in a bad way, but it is treatable. And I guess the presumed outcome here is they will recover. Nevertheless, Botox has been used in some cases has caused fatal reactions. Is that something else that was going on?
GUPTA: Yes, and I think it's worth pointing out. I mean, there's been a lot of articles talking about some significant side effects, serious side effects, as well as death even from Botox, but not specifically because of botulism. Getting the botulism, sort of symptoms as just you saw there. People can have reactions to it, allergic-type reactions. People may have had preexisting conditions as well. A couple questions need to be answered. If it was Botox, was it a bad vial of Botox, meaning was there too much of the neurotoxin, was it administered improperly, or did the patients, for some reason, have a preexisting condition that may have made them more likely to have disastrous side effects from this -- Miles.
O'BRIEN: All right, folks need to be careful. You know, you can get this at so many places. You really need to make sure you're going to somebody who know what they're doing here.
GUPTA: That's exactly right.
M. O'BRIEN: All right, now I hate to bury the lead, which I think we've done here, because you have big news to tell us about, right?
GUPTA: That's right. We're talking. We've looked at thousands of applications, and we finally decided on five for the "New You Revolution." These are the folks that are going to undergo our 2005 health makeover.
First of all, Thekla Fisher, she's an attorney and a newlywed. She's ready to start a family, but she wants to get in shape before she gets pregnant. We're going to help you, Thekla.
And there's Harald Fricker. You're not going to believe this guy. Back in his day, Harold was a long distance runner. But over the last decade, Harold has put on over 13 pounds a year, now weighing in at more than 300 pounds. Miles, if you stop running, this is what will happen to you.
M. O'BRIEN: He looks better than 300 right there.
GUPTA: Yes, we're going to try to get him running to better health.
And Sandra Garth, a grandmother caring for a two-year-old while his parents are both serving in the U.S. military in Iraq. She says her son and daughter-in-law are sacrificing so much that she thinks she can make the sacrifices needed to get back in shape. We're going to get her on her own special tour of duty, if you will, in time for their return.
M. O'BRIEN: She's to keep up with those grandkids. That's not easy.
GUPTA: That's some exercise right there.
Also Jonathan Karp, he's 28, engaged to be married, but he's got a bad habit he wants to stop. He's a nail biter. He's tried to quit before, and is asking the "New You Revolution" team to help him cut it out for good.
And last but not least, the Reverend Leigh Ann Raynor. She's a senior paster who wants to lose weight and develop some healthy habits so she can lead her congregation by example.
So congratulations to all five of you.
M. O'BRIEN: All right, what a great group. And you must have had some amazing stories that we're told.
GUPTA: We got thousands of applications. Obviously people remember the "New You Resolution" from last year. We changed it up a bit. Our focus this year really little breaking bad habits, learning healthy tips as well, all of that for eight weeks, really starting in January, Miles. I think everyone's going to learn a lot, and hopefully we can whip these people in shape as well. It's going to start on here AMERICAN MORNING in January.
M. O'BRIEN: OK. Thank you very much, Sanjay. I guess my habits will have to wait another year.
S. O'BRIEN: I'll work on your habits over the next week.
M. O'BRIEN: She's gonna break me of them by Friday.
M. O'BRIEN: All right. Sanjay Gupta. Always a pleasure.
GUPTA: Thank you.
S. O'BRIEN: Thanks, Sanjay.
Still to come this morning, Hollywood moms play the name game, and despite the jokes, Julia Roberts might actually not be the winner. "The Cafferty File" is straight ahead on AMERICAN MORNING.
(COMMERCIAL BREAK)
S. O'BRIEN: Welcome back, everybody.
CAFFERTY: There's some new numbers out on the economy and we got this Froot Loops guy in the president's cabinet down there in Washington, D.C. Andy Serwer's got all these breaking stories for us, "Minding Your Business."
ANDY SERWER, "FORTUNE" MAGAZINE: He's going to love that new moniker you just attached to him...
CAFFERTY: Wait a minute, Kellogg's made them Froot Loops, right?
SERWER: They sure do.
CAFFERTY: The cereal dude.
SERWER: Yes, he did a good job there. And he's a cereal man, yes. We'll get to that in a second, Jack. Let's talk about the markets.
Yesterday, the Dow was down a bit, 46 points down. And in fact, the GDP number is out this morning. And it's been revised up, 3.9 percent from 3.7 percent, which is good news and futures have moved up on that news.
And you know, the GDP number, Jack, comes from the Commerce Department, so it sort of segues nicely into a discussion of the new Commerce Secretary, Carlos Gutierrez, who was the CEO of Kellogg's. Did a pretty good job there. The stock outperformed the market while he was CEO for the past five years, which is a good thing. But we were wondering, what exactly does a -- there it is, that's the stock chart. We were wondering what exactly does a commerce secretary do?
(CROSSTALK)
SERWER: You know, a lot of people suggest that a commerce -- yes, OK. A lot of people suggesting that a commerce secretary is not exactly the most critical member of the president's cabinet. So we went to the White House Web site and looked to see what exactly -- here's what he does. These are some of the things he does. Sets technical standards. Hey, let's go metric. Forecasts the weather. Watch out, Chad. Conducts ocean research. It will be high tide in three hours. Manages marine fisheries. Well, enough said, I guess.
Anyway, while he was over at Kellogg's, I just want to point out a couple of cereal introduced there, including Cinnamon Marshmallow Scooby-Doo and Disney Mud n'Bugs cereal on his watch.
M. O'BRIEN: (UNINTELLIGIBLE) oh double good, doesn't it?
CAFFERTY: And they do make Froot Loops. I mean...
SERWER: They do make Froot Loops. It's right here. Froot... S. O'BRIEN: But he's the CEO, he's not the Froot Loop guy.
(CROSSTALK)
SERWER: Well, you know, he approved these things. Yes, he does. Kellogg's Smores.
S. O'BRIEN: Those are good, I've had them.
SERWER: Yes, those are good. Apple Jacks.
CAFFERTY: I like those.
S. O'BRIEN: Oh, those are good.
SERWER: Spongebob Squarepants cereal.
CAFFERTY: Those are like Cheerios with flavor, Apple Jacks.
SERWER: And sugar, by the way.
S. O'BRIEN: Yes, like everything.
M. O'BRIEN: A hundred percent sugar in those things.
CAFFERTY: Welcome to the Mensa meeting for Tuesday. You won't see Tiger Woods or Phil Mickelson, but golf balls flying instead of artillery shells at the Afghanistan Open in the city of Kabul. It's the first golf tournament played in this country in 30 years.
The club pro, a gentleman named Mohammad Nazir Popal, insists there is no danger. The course was a battlefield in the '90s when the Mujahideen were fighting the Russians. The players have been assured it's been thoroughly checked for landmines, however there are still some spent artillery shells lying around. The club describes itself as the best. That's because it's the only course in the country and promises golf with an attitude.
Yesterday, we were making fun of Julia Roberts' names for her twins, with good reason.
S. O'BRIEN: We?
CAFFERTY: Well, I was. She named these kids Phinnaeus and Hazel. But she's not alone. There are other Hollywood types that given birth this year, and here are some of the names they have selected.
Gwyneth Paltrow chose to name her daughter Apple.
M. O'BRIEN: Yep.
CAFFERTY: Helen Hunt's calling her kid Makena'lei.
(CROSSTALK) CAFFERTY: That's Hawaiian for poor unfortunate offspring. Geena Davis named her twins Kian and Kaiss. Courtney Cox went with Coco. And Jon Bon Jovi named his kid Romeo Jon. It's a trend that may have been started by Frank Zappa years ago when he dubbed his offspring Moon Unit and Dweezil.
SERWER: Ah, yes.
CAFFERTY: Remember that?
SERWER: Sure do. Yes. Yes.
CAFFERTY: Remember old Frank? He used to smoke his socks.
After 24 years of community service, the Quakertown, Pennsylvania, Optimist Club is no longer optimistic. In fact, they're calling it quits, citing declining interest. "I feel sad," said club president Bernard Kensky. The group worked with schools to hold essay, spelling and public speaking contests. Bicycle derby sponsored by the Optimist Club drew only 12 children last year. The Optimist Club's an international organization formed in 1920, the Quakertown's chapter was founded in 1980. Thirty-five members, now they only have 15 left and so they're...
SERWER: And what does that say about our society?
S. O'BRIEN: That's so sad.
SERWER: What does that say? Or maybe about Pennsylvania.
S. O'BRIEN: Sad and depressing.
CAFFERTY: It's unfortunate. It is unfortunate.
SERWER: The pessimist club.
S. O'BRIEN: Well, you don't go far.
M. O'BRIEN: It began here.
CAFFERTY: I would be in there.
SERWER: I know you would. A charter, founding member...
CAFFERTY: I would join...
SERWER: President, CEO, chairman.
CAFFERTY: ... a pessimists club, were there such a thing.
S. O'BRIEN: No. Get out.
M. O'BRIEN: You?
S. O'BRIEN: In just a moment, a look at today's top stories, including President Bush's new attempt to warm up relations north of the border. We'll going to take you live to the White House just ahead on AMERICAN MORNING.
(COMMERCIAL BREAK)
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Aired November 30, 2004 - 08:30 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: Welcome back, everybody. Just about half past the hour on this AMERICAN MORNING. Family and friends are expected to testify in a very emotional day in the Scott Peterson trial. The sentencing phase now beginning. We're going to take a look at what the jury will see and hear as they consider the death penalty for Scott.
MILES O'BRIEN, CNN ANCHOR: Also some life and death work that turned into just a big party. We'll look at the emergency dispatchers caught on videotape, partying the night away. A lot was going on when the phones weren't ringing.
S. O'BRIEN: They're dancing, that's amazing. I mean, they're working. I just see them walking around with a beer, I think, a little bit earlier, too, on that tape.
M. O'BRIEN: I don't think they're working now there.
S. O'BRIEN: Probably not would be my guess.
Before we get to any of that, though, let's get right to the headlines. Heidi Collins with us this morning.
Good morning.
HEIDI COLLINS, CNN ANCHOR: Good morning, guys, and good morning to you and everybody. Now in the news today, there's word of a plane crash in Afghanistan. Military and security sources say an aircraft went missing this weekend. Three U.S. troops and three American civilians believed to be on board. The U.S. military apparently conducting a search-and-rescue operation in the area where the plane is thought to have gone down.
Iran says its nuclear freeze is only temporary. Iran's chief nuclear negotiator says the country has agreed to suspend its uranium- enrichment activities, but only for several months, until negotiations with Europe are complete. Iran has insisted its nuclear program is for peaceful purposes.
The Ukrainian Supreme Court is edging closer to a decision in the country's hotly contested presidential election. Protesters supporting the opposition president broke through a door, trying to get past security at Ukraine's parliament building. The opposition wants to repeat the elections. Ukraine's outgoing president is now suggesting a new election be held with new candidates. Here in the United States, rescue efforts still under way this hour for a construction worker trapped in a collapsed trench in Cumming (ph), Georgia. The man was buried up to his neck in dirt after the trench collapsed last night. Officials believe he was trapped in a an air pocket, though. Emergency crews are on hand trying to free him. And as we said before, we will keep you updated on that story as we get more details.
M. O'BRIEN: All right, thanks, Heidi.
The jury in the Scott Peterson case will begin hearing arguments today on whether Peterson should get life in prison or death for murdering his wife, Laci, and their unborn son.
Rusty Dornin live in Redwood City, California with more.
Good morning, Rusty.
RUSTY DORNIN, CNN CORRESPONDENT: Miles, one of my most vivid memories about this case over the past two years was the day that Scott Peterson was arrested, and Laci Peterson's mother, Sharon Rocha, gave this gut-wrenching speech about her incredible loss. That speech brought tears to the eyes of many seasoned journalists, and even law enforcement officers in the room. We can expect that kind of raw emotion in the testimony to come over the next few days. In fact, a jury will even see and hear some of the tributes at Laci Peterson memorial, including photos, and even a song by Van Morrison.
(BEGIN VIDEOTAPE)
DORNIN (voice-over): Images of the brown-eyed girl known as Laci Peterson. During this latest recess, the judge decided which parts of the funeral video the jury can see as they decide her husbands Scott Peterson's fate. Up close, personal and very emotional testimony is expected from family and friends as they confront Peterson for the first time in court. The defense will also offer family and friends, along with other witnesses, who will vouch for Peterson's character in the past.
Also likely, an expert who will talk about the horrors of life in prison as opposed to the death penalty, in an attempt to prove that the lesser sentence will adequately punish Peterson.
Legal analysts say the defense will probably zero in on possible lingering doubt on the part of jurors, the fact there was no crime scene, no murder weapon, no cause of death.
Arguments that the jury was influenced by the post conviction carnival-like atmosphere and that there were problems with the dismissal of juror No. 5 were rejected by an appeals court and the California Supreme Court. The courts turned down defense attorney Mark Geragos' plea to seek a new penalty-phase jury and change the venue. The latest rejections clear the way for the penalty phase to begin.
JIM HAMMER, LEGAL ANALYST: This is a very difficult time for victims' families, wondering what's going to happen. It's one of the downsides of the death penalty. If they do sentence him to death, Sharon Rocha will be waiting 10, 15, 20 years for that to happen, and any day that conviction could be overturned.
DORNIN: The jury is expected to begin deliberations by the end of this week or early next week.
(END VIDEOTAPE)
DORNIN: The judge also decided -- we'll see the actual instructions that he gives the jury today, because he's going to allow a broadcast feed of that. But when the jury does deliver the verdict on his sentence, that will be broadcast by audio only, as was with the verdict -- Miles.
M. O'BRIEN: Rusty, who will speak first today?
DORNIN: Well, we're expecting two of Laci Peterson's very close friends. They were actually in court last week, expecting to speak if the penalty phase had gone forward last week. They're going to be up, as well as Laci Peterson's father, Dennis Rocha.
M. O'BRIEN: Rusty Dornin, in Redwood City, California, thanks much -- Soledad.
DORNIN: For the second time in as many years, President Bush is overhauling his economic policy team. Yesterday, he picked a new commerce secretary, and more changes are expected.
Joining us to trade political jabs from Philadelphia, Republican strategist Joe Watkins.
Hey, Joe, good morning.
JOE WATKINS, REPUBLICAN STRATEGIST: Good morning, Soledad.
S. O'BRIEN: And from Washington D.C., Democratic strategist, Karen Finney.
Hi, Karen. Good morning to you.
KAREN FINNEY, DEMOCRATIC STRATEGIST: Good morning. Good to be with you.
S. O'BRIEN: Thank you very much.
Joe, let's begin with you, who's Carlos Gutierrez outside of the fact that we know he's from Kellogg, who exactly is this guy?
WATKINS: Well, he's really a great American story, Soledad. I mean, here's a guy who came to this country as a 6-year-old, didn't know any English at all, learned his English from a bellhop in a Miami hotel, took his first job in 1975 as sales and marketing trainee for Kellogg, driving a truck in Mexico City, pedaling Kellogg's Cornflakes, and 24 years later, he becomes chief executive officer of the company, and he's done a great job leading that company. Since 1999, the sales have risen over $2 billion. So this is really a spectacular guy and great appointment for this president.
S. O'BRIEN: People, Karen, point to this guy and say, see, he's not an insider. Do you -- what do you think of his appointment now?
FINNEY: Well, I think, you know, it will be interesting to see what he's able to do for the United States. He has great accomplishments for Kellogg, but I think the devil is going to be in the details, in terms of, how will he open markets for American products? How will he address the massive trade deficits that we're now looking at, the massive job loss, particularly in manufacturing sectors.
And I would also say, I mean, this trend seems to be, doesn't seem to be someone who will be setting economic policy, but rather someone who will be implementing Bush policies, which means, quite frankly, it's disturbing, because it means we'll probably see more of the same.
WATKINS: I don't think so. I think that you're talking somebody who's an outsider, he's somebody who doesn't have a previously existing relationship with this president. He's going to do a great job. This is a guy who's innovative, creative, smart, successful. He succeeded in corporate America. He's going to great for entrepreneurs. I think he's going to be a great person for this president.
FINNEY: Well, Joe, I hope he does do a great job, but there, again, he's untested in this arena, so again, the devil is going to be in the details. We'll have to see what he does.
S. O'BRIEN: Do you think, Karen, with the president's ambitious plans for revamping the tax code, for privatizing, to some degree, Social Security, do you think that these become a done deal with at least the start of a new economic team?
FINNEY: Well, look, I'm happy to see the president, frankly, focusing on the U.S. economy. I mean, it's about time. Again, we're facing record job losses in this country, massive deficits, loss in the value of the dollar, so I'm happy to see him turning his attention to it. But we do know that in part, some of these changes do signal, you know, some of these plans around Social Security. Again, they haven't been able to tell us how they'll pay for it. By their own admission, it's going to add two trillion dollars to the deficit.
WATKINS: I mean, let's face it, this president has done a great job. I mean, look what he's done in terms of bringing us out of the recession and helping to grow the academy the way he has.
FINNEY: Joe, what about the massive job losses? What the 2.7 million manufacturing jobs we lost.
WATKINS: Jobs are coming back at breakneck speed. And one of the ways to do it, of course, is to create new jobs, and the best way to do that is the way how he's done it, by implementing a tax cut, and by allowing entrepreneurs and small businesses to flourish as they have. That's where 70 percent of the new jobs are coming. FINNEY: The irony of that tax cut, is that tax cut actually could help preserve Social Security for another 75 years. Unfortunately, that tax cut benefited not the folks who need and will rely on Social Security, but the wealthiest of Americans.
WATKINS: Absolutely not.
S. O'BRIEN: That will be the final word this morning. Guys, as always, nice to see you, Karen and Joe -- Miles.
WATKINS: Thanks so much, Soledad.
M. O'BRIEN: Calling 9/11 is often the first line of defense for people in need of help. Now evidence that workers at a Massachusetts 9/11 call center may have partied while the job.
CNN's Dan Lothian with that.
(BEGIN VIDEOTAPE)
DAN LOTHIAN, CNN CORRESPONDENT: In Lawrence, Massachusetts, a firefighter and a dispatcher inside a 9/11 call center begin their overnight shift, a night that will include dancing, drinking, and allegedly using drugs.
UNIDENTIFIED MALE: There was quite a bit of drugs at the location.
LOTHIAN: Firefighter Ecedro Cordero (ph) is caught on surveillance tape pulling a white packet from his socks. Then, more than a dozen times over a 14-hour shift with dispatcher Judy Britto (ph), both are seen snorting what officials allege is cocaine. Residents are shocked.
CAROLYN GUIDE, LAWRENCE RESIDENT: I think it's pretty despicable that, you know, there are people that, you know, they're getting paid with taxpayer dollars, and they're doing things that should not -- they should not be doing.
LOTHIAN: Authorities installed a hidden camera two weeks ago after a tipster told them that the two workers, along with some non- employee friends, had often partied on the job. Cordero and Britto have been fired.
MYR. MICHAEL SULLIVAN, LAWRENCE MASSACHUSETTS: We don't tolerate any inappropriate actions at work, especially when you're taking emergency phone calls.
LOTHIAN: He says while allegedly snorting cocaine and drinking what appeared to be beer, they handled serious calls, like a car collision and a building fire, without any apparent problems, but he's concerned about what may have gone unnoticed in the past.
(on camera): The now former city employees could not be reached for comment, but the police department and the mayor say Cordero admitted to taking drugs and drinking on the job when confronted with the tape. Britto, they say, continued to deny any wrongdoing.
(voice-over): An investigation has been launched, but the police department doesn't anticipate any charges.
POLICE CHIEF JOHN ROMERO, LAWRENCE, MASSACHUSETTS: In the absence of having that physical evidence, you wouldn't be able to bring a criminal prosecution forward on that particular incident.
LOTHIAN: A city rocked reality TV, in black and white.
Dan Lothian, CNN, Boston.
(END VIDEOTAPE)
M. O'BRIEN: Now officials say Cordero has five days to ask for a termination hearing while Britto may appeal the decision through her union.
(WEATHER REPORT)
M. O'BRIEN: Still to come on AMERICAN MORNING, Jack tells us why the optimist club needs to change its name.
S. O'BRIEN: And on a serious note, doctors consider Botox pretty safe, but developers in Florida and New Jersey may change that notion. We are checking that with Dr. Gupta. Stay with us.
(COMMERCIAL BREAK)
M. O'BRIEN: All right, Paging Dr. Gupta this morning, the subject is Botox and botulism. Health officials in two states investigating a possible link. Sanjay joining us now from the CNN Center with more.
And it's worth explaining to folks what precisely Botox is and how it works, and what its links are to botulism first, I suppose.
DR. SANJAY GUPTA, CNN MEDICAL CORRESPONDENT: Yes, that's right, Miles. And Botox has been around for some time, obviously gaining in popularity, recently for the treatment of wrinkles. But what it is, is actually using a known neurotoxin that's produced by a bacteria, the botulism bacteria, which is that's where it gets its name Botox. Very small amounts of this neurotoxin is actually used in Botox shots, but that's what's at issue here. Could this in some way of caused the symptoms of botulism? Two parents in Florida, two patients in New Jersey now sick. The two patients in Florida confirmed to have botulism.
(BEGIN VIDEO CLIP)
DR. CHARLES SCHALLOP, PALM BEACH GARDENS MEDICAL CENTER: This is very serious. These are two young, healthy individuals who are now critically ill on breathing machines.
(END VIDEO CLIP) GUPTA: So you can get a sense of just how significant a botulism infection could be. What are some of the symptoms of a botulism infection, a very rare infection nowadays, with double vision, droopy eyelids, slurred speech, difficulty swallowing, dry mouth, muscle weakness as well. The muscle weakness is what probably put two of these patients on ventilators in Florida, so very significant. Allergan, the company that makes Botox, immediately releasing a statement talking specifically about this, saying at this time Allergan cannot determine whether the stories involving patients treated at the Advanced Integrated Medical Center in Ft. Lauderdale, Florida is possibly -- have anything to do with Botox. "We're working diligently with appropriate health authorities to determine the facts surrounding these cases." Miles, so a lot of unknown answers still to be answered here, Miles.
M. O'BRIEN: All right, botulism is serious, and can lay you up in a bad way, but it is treatable. And I guess the presumed outcome here is they will recover. Nevertheless, Botox has been used in some cases has caused fatal reactions. Is that something else that was going on?
GUPTA: Yes, and I think it's worth pointing out. I mean, there's been a lot of articles talking about some significant side effects, serious side effects, as well as death even from Botox, but not specifically because of botulism. Getting the botulism, sort of symptoms as just you saw there. People can have reactions to it, allergic-type reactions. People may have had preexisting conditions as well. A couple questions need to be answered. If it was Botox, was it a bad vial of Botox, meaning was there too much of the neurotoxin, was it administered improperly, or did the patients, for some reason, have a preexisting condition that may have made them more likely to have disastrous side effects from this -- Miles.
O'BRIEN: All right, folks need to be careful. You know, you can get this at so many places. You really need to make sure you're going to somebody who know what they're doing here.
GUPTA: That's exactly right.
M. O'BRIEN: All right, now I hate to bury the lead, which I think we've done here, because you have big news to tell us about, right?
GUPTA: That's right. We're talking. We've looked at thousands of applications, and we finally decided on five for the "New You Revolution." These are the folks that are going to undergo our 2005 health makeover.
First of all, Thekla Fisher, she's an attorney and a newlywed. She's ready to start a family, but she wants to get in shape before she gets pregnant. We're going to help you, Thekla.
And there's Harald Fricker. You're not going to believe this guy. Back in his day, Harold was a long distance runner. But over the last decade, Harold has put on over 13 pounds a year, now weighing in at more than 300 pounds. Miles, if you stop running, this is what will happen to you.
M. O'BRIEN: He looks better than 300 right there.
GUPTA: Yes, we're going to try to get him running to better health.
And Sandra Garth, a grandmother caring for a two-year-old while his parents are both serving in the U.S. military in Iraq. She says her son and daughter-in-law are sacrificing so much that she thinks she can make the sacrifices needed to get back in shape. We're going to get her on her own special tour of duty, if you will, in time for their return.
M. O'BRIEN: She's to keep up with those grandkids. That's not easy.
GUPTA: That's some exercise right there.
Also Jonathan Karp, he's 28, engaged to be married, but he's got a bad habit he wants to stop. He's a nail biter. He's tried to quit before, and is asking the "New You Revolution" team to help him cut it out for good.
And last but not least, the Reverend Leigh Ann Raynor. She's a senior paster who wants to lose weight and develop some healthy habits so she can lead her congregation by example.
So congratulations to all five of you.
M. O'BRIEN: All right, what a great group. And you must have had some amazing stories that we're told.
GUPTA: We got thousands of applications. Obviously people remember the "New You Resolution" from last year. We changed it up a bit. Our focus this year really little breaking bad habits, learning healthy tips as well, all of that for eight weeks, really starting in January, Miles. I think everyone's going to learn a lot, and hopefully we can whip these people in shape as well. It's going to start on here AMERICAN MORNING in January.
M. O'BRIEN: OK. Thank you very much, Sanjay. I guess my habits will have to wait another year.
S. O'BRIEN: I'll work on your habits over the next week.
M. O'BRIEN: She's gonna break me of them by Friday.
M. O'BRIEN: All right. Sanjay Gupta. Always a pleasure.
GUPTA: Thank you.
S. O'BRIEN: Thanks, Sanjay.
Still to come this morning, Hollywood moms play the name game, and despite the jokes, Julia Roberts might actually not be the winner. "The Cafferty File" is straight ahead on AMERICAN MORNING.
(COMMERCIAL BREAK)
S. O'BRIEN: Welcome back, everybody.
CAFFERTY: There's some new numbers out on the economy and we got this Froot Loops guy in the president's cabinet down there in Washington, D.C. Andy Serwer's got all these breaking stories for us, "Minding Your Business."
ANDY SERWER, "FORTUNE" MAGAZINE: He's going to love that new moniker you just attached to him...
CAFFERTY: Wait a minute, Kellogg's made them Froot Loops, right?
SERWER: They sure do.
CAFFERTY: The cereal dude.
SERWER: Yes, he did a good job there. And he's a cereal man, yes. We'll get to that in a second, Jack. Let's talk about the markets.
Yesterday, the Dow was down a bit, 46 points down. And in fact, the GDP number is out this morning. And it's been revised up, 3.9 percent from 3.7 percent, which is good news and futures have moved up on that news.
And you know, the GDP number, Jack, comes from the Commerce Department, so it sort of segues nicely into a discussion of the new Commerce Secretary, Carlos Gutierrez, who was the CEO of Kellogg's. Did a pretty good job there. The stock outperformed the market while he was CEO for the past five years, which is a good thing. But we were wondering, what exactly does a -- there it is, that's the stock chart. We were wondering what exactly does a commerce secretary do?
(CROSSTALK)
SERWER: You know, a lot of people suggest that a commerce -- yes, OK. A lot of people suggesting that a commerce secretary is not exactly the most critical member of the president's cabinet. So we went to the White House Web site and looked to see what exactly -- here's what he does. These are some of the things he does. Sets technical standards. Hey, let's go metric. Forecasts the weather. Watch out, Chad. Conducts ocean research. It will be high tide in three hours. Manages marine fisheries. Well, enough said, I guess.
Anyway, while he was over at Kellogg's, I just want to point out a couple of cereal introduced there, including Cinnamon Marshmallow Scooby-Doo and Disney Mud n'Bugs cereal on his watch.
M. O'BRIEN: (UNINTELLIGIBLE) oh double good, doesn't it?
CAFFERTY: And they do make Froot Loops. I mean...
SERWER: They do make Froot Loops. It's right here. Froot... S. O'BRIEN: But he's the CEO, he's not the Froot Loop guy.
(CROSSTALK)
SERWER: Well, you know, he approved these things. Yes, he does. Kellogg's Smores.
S. O'BRIEN: Those are good, I've had them.
SERWER: Yes, those are good. Apple Jacks.
CAFFERTY: I like those.
S. O'BRIEN: Oh, those are good.
SERWER: Spongebob Squarepants cereal.
CAFFERTY: Those are like Cheerios with flavor, Apple Jacks.
SERWER: And sugar, by the way.
S. O'BRIEN: Yes, like everything.
M. O'BRIEN: A hundred percent sugar in those things.
CAFFERTY: Welcome to the Mensa meeting for Tuesday. You won't see Tiger Woods or Phil Mickelson, but golf balls flying instead of artillery shells at the Afghanistan Open in the city of Kabul. It's the first golf tournament played in this country in 30 years.
The club pro, a gentleman named Mohammad Nazir Popal, insists there is no danger. The course was a battlefield in the '90s when the Mujahideen were fighting the Russians. The players have been assured it's been thoroughly checked for landmines, however there are still some spent artillery shells lying around. The club describes itself as the best. That's because it's the only course in the country and promises golf with an attitude.
Yesterday, we were making fun of Julia Roberts' names for her twins, with good reason.
S. O'BRIEN: We?
CAFFERTY: Well, I was. She named these kids Phinnaeus and Hazel. But she's not alone. There are other Hollywood types that given birth this year, and here are some of the names they have selected.
Gwyneth Paltrow chose to name her daughter Apple.
M. O'BRIEN: Yep.
CAFFERTY: Helen Hunt's calling her kid Makena'lei.
(CROSSTALK) CAFFERTY: That's Hawaiian for poor unfortunate offspring. Geena Davis named her twins Kian and Kaiss. Courtney Cox went with Coco. And Jon Bon Jovi named his kid Romeo Jon. It's a trend that may have been started by Frank Zappa years ago when he dubbed his offspring Moon Unit and Dweezil.
SERWER: Ah, yes.
CAFFERTY: Remember that?
SERWER: Sure do. Yes. Yes.
CAFFERTY: Remember old Frank? He used to smoke his socks.
After 24 years of community service, the Quakertown, Pennsylvania, Optimist Club is no longer optimistic. In fact, they're calling it quits, citing declining interest. "I feel sad," said club president Bernard Kensky. The group worked with schools to hold essay, spelling and public speaking contests. Bicycle derby sponsored by the Optimist Club drew only 12 children last year. The Optimist Club's an international organization formed in 1920, the Quakertown's chapter was founded in 1980. Thirty-five members, now they only have 15 left and so they're...
SERWER: And what does that say about our society?
S. O'BRIEN: That's so sad.
SERWER: What does that say? Or maybe about Pennsylvania.
S. O'BRIEN: Sad and depressing.
CAFFERTY: It's unfortunate. It is unfortunate.
SERWER: The pessimist club.
S. O'BRIEN: Well, you don't go far.
M. O'BRIEN: It began here.
CAFFERTY: I would be in there.
SERWER: I know you would. A charter, founding member...
CAFFERTY: I would join...
SERWER: President, CEO, chairman.
CAFFERTY: ... a pessimists club, were there such a thing.
S. O'BRIEN: No. Get out.
M. O'BRIEN: You?
S. O'BRIEN: In just a moment, a look at today's top stories, including President Bush's new attempt to warm up relations north of the border. We'll going to take you live to the White House just ahead on AMERICAN MORNING.
(COMMERCIAL BREAK)
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