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President Bush Attempts to Soothe Over Some Rough Spots with Northern Neighbors; Look at One of Latest Internet Schemes

Aired December 01, 2004 - 06:00   ET

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


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


HEIDI COLLINS, CNN ANCHOR: President Bush attempts to soothe over some rough spots with the northern neighbors. We'll get a report card on his Canadian visit.
And it's one of the latest Internet schemes. Our technological expert tells us how some of those e-mails you may be getting are phishing. That's phishing with a 'P-H.'

Also, making the right gift choices during the heavy eating holiday period. We'll give you some healthy ideas.

It's Wednesday, the first day of December, and you're watching DAYBREAK.

Good morning, everybody.

Thanks for waking up with us.

I'm Heidi Collins.

There's a lot going on this morning.

Let's get straight to the headlines.

Now in the news, Ukraine's parliament has just narrowly passed a vote of no confidence in the government of Prime Minister Viktor Yanukovych, effectively sacking the pro-Moscow leader. But this is not likely to end a week long political crisis triggered by a contested presidential election. We're going to keep our eye on that one for you.

There's been another suicide car bombing on the Baghdad Airport road. The U.S. military says three people were injured in this morning's attack. It happened at the same spot where a suicide bomber rammed into a U.S. military convoy yesterday.

Meanwhile, south of Baghdad, U.S. and Iraqi forces today detained 15 suspected militants.

PFC Lynndie England due in a military courtroom at Fort Bragg, North Carolina today for pre-court martial motions. England faces several charges in connection with the mistreatment of Iraqi prisoners.

It's World AIDS Day. The focus this year primarily on women and girls, as new warnings surface. Health officials are now stressing more and more females are being infected.

Rob Marciano now with the latest on the weather front -- hey, Rob.

ROB MARCIANO, CNN METEOROLOGIST: Hi, Heidi.

(WEATHER REPORT)

COLLINS: President Bush wakes up this morning in Ottawa. That's Canada's capital, of course. This is the last day of a two day visit. And he's headed to Halifax later this morning.

Our Kareen Wynter is in Washington with a look at how the trip is going -- good morning, Kareen.

KAREEN WYNTER, CNN CORRESPONDENT: Good morning to you, Heidi.

Well, according to Canadian Prime Minister Paul Martin, they made a lot of progress on day one. Now, President Bush was originally scheduled to visit Canada last year. That didn't happen. The trip was canceled. Now another attempt to mend fences.

(BEGIN VIDEO TAPE)

WYNTER (voice-over): A colorful trip that wasn't without some controversy. President Bush's first official state visit to Canada to meet with the country's prime minister in an attempt to improve ties with this country's neighbors to the north. Thousands of demonstrators lined the streets of Ottawa, waving signs and chanting slogans in opposition to the U.S.-led war on Iraq and protesting the American ban on Canadian beef.

Mr. Bush made light of the cold reception.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: I want to thank the Canadian people who came out to wave with all five fingers.

WYNTER: The two day visit with Prime Minister Paul Martin is aimed at ironing out differences on matters of foreign policy, trade disputes and border security issues. President Bush pledged to stand strong against terrorism.

BUSH: Long-term success in this war requires more than military might. It requires the advance of liberty and hope as the great alternatives to hatred and violence.

PAUL MARTIN, CANADIAN PRIME MINISTER: The president, the ministers and I have had a productive meeting. In fact, we agreed to put forward an agenda in which our two nations will cooperate in a practical way toward common goals.

WYNTER: The Canadian government says it will provide hundreds of millions in U.S. dollars to Iraqi reconstruction and humanitarian aide.

(END VIDEO TAPE) WYNTER: Now, in just a few hours, President Bush will head to Halifax, the Atlantic city, to thank Canadians who helped the more than 30,000 Americans whose planes were stranded there immediately following the 9/11 attacks -- Heidi.

COLLINS: All right, Kareen, thank you so much for that.

President Bush will have to get a new anti-terror chief. Homeland Security Secretary Tom Ridge is stepping down. Ridge will be remembered for tying together 22 separate agencies into one huge agency and for using the color-coded security alert system. Ridge is the first secretary of homeland security. It's a position created after the 9/11 attacks. He plans to stay on the job until February 1 unless his successor is confirmed before then.

A U.S. senator who heads an investigation of the Iraqi Oil For Food Program is calling on U.N. Secretary General Kofi Annan to resign because of corruption allegations in that program. In an opinion piece published in today's "Wall Street Journal," Republican Norm Coleman writes: "The decision to call for Mr. Annan's resignation does not come easily, but I have arrived at this conclusion because the most extensive fraud in the history of the U.N. occurred on his watch."

At issue, allegations that Saddam Hussein was able to siphon billions of dollars from the U.N.-run Oil For Food Program and claims Annan's son was on the payroll of a Swiss company being examined for its connection to the program.

A U.N. spokesman defends his boss.

(BEGIN VIDEO CLIP)

FRED ECKHARD, U.N. SPOKESMAN: You can't blame the father for the sins of the son, if there are sins of the son.

(END VIDEO CLIP)

COLLINS: Kofi Annan says he had no personal involvement in granting contracts to companies that took part in the Oil For Food Program.

News across America this morning.

A former teacher in Tampa, Florida expected to enter an insanity defense when she goes on trial for allegedly having sex with a student when he was 14. The attorney for 24-year-old Debra Lafave says two doctors have evaluated her.

(BEGIN VIDEO CLIP)

JOHN FITZGIBBONS, DEBRA LAFAVE'S ATTORNEY: Debby has some profound emotional issues that are not her fault. I think once anyone reads what the doctors have to say, they will understand a lot more about what happened here.

(END VIDEO CLIP)

COLLINS: The former teacher is set to go on trial in April.

Finally, a new governor in Washington State. Republican Dino Rossi was declared the winner Tuesday based on a machine recount of ballots from the November general election. His victory margin, a razor thin 42 votes. Democrats have until Friday to request a recount by hand.

Emotional testimony at the penalty phase of the Scott Peterson trial. Laci Peterson's mother screamed at Scott for killing her daughter, saying divorce was always an option, not murder. The start of the penalty phase was delayed for nearly three hours. A bartender was subpoenaed by the defense. He discussed with the judge potential jury misconduct. It's unclear, though, what, if any, impact it will have on the case.

So on the phone this morning to talk about all of it is legal analyst Kendall Coffey -- Kendall, nice to have you.

Thanks for being here this morning.

KENDALL COFFEY, CNN LEGAL ANALYST: Hey, Good morning, Heidi.

COLLINS: Talk to us first, if you would, about that bartender.

What sort of impact do you think it will have?

COFFEY: Well, it's just yet another twist and turn involving the Scott Peterson jury in which, as you recall, two members were replaced during the course of deliberations. Judges routinely tell jurors you're not to discuss this case with anybody.

COLLINS: Of course.

COFFEY: Apparently there was an allegation that some bartender overhead a juror talking. The judge had a duty to get to the bottom of it, consider the evidence and presumably, Heidi, whatever was heard, those proceedings were sealed. They haven't been disclosed. They made it clear to the judge that this juror was not committing misconduct, was not specifically discussing the merits of the case.

COLLINS: OK. But we do have to talk more, Kendall, about how incredibly emotional, and we expected it would be this way. But listen, if you would, to something that Sharon Rocha, Laci Peterson's mother, of course, said in court. Here it is. "She wanted to be a mother. That was taken away from her. Divorce is always an option, not murder."

We already heard this this morning. But, still, what sort of impact will this family's testimony have on the jury at this point?

COFFEY: It's utterly devastating. I mean nothing will resonate more powerfully with that jury than the anguish of a mother. While during the guilt phase, the judge will keep instructing the jury there's no room for passion, it's not supposed to be an emotional determination, in the sentencing phase, as of 1991, the U.S. Supreme Court said the jury can and must make a moral assessment as to whether a defendant is fit to live and die. And for that reason, they do allow incredibly intense testimony. There's nothing more moving and harder to hear, more painful to react to than the testimony of the anguish of family members about the loss that this has created in their lives.

COLLINS: Well, we also have something here from Brent Rocha. Of course, that was Laci Peterson's brother. It says: "I have never heard her more excited than the day she called me to tell me she was pregnant. She was going to be a great mother."

How does the defense come and defend Scott Peterson now after hearing things like this, in this penalty phase?

COFFEY: It's a completely different strategy than the guilt phase. You don't cross-examine family members who are grief stricken, who are sobbing. Instead, what the defense is going to do is two things. They're going to bring their own emotional impact through the parents of Scott Peterson, who will be literally begging the jury for the life of their son. And this judge has authorized something called a lingering doubt instruction, saying that even if the jury finds there's no reasonable doubt about the guilt or innocence of Scott Peterson, if there is still some whispering question in the minds of the jury, then they can consider that in determining whether this man should live or be put to death.

COLLINS: All right, Kendall Coffey, we'll be watching it again today.

Appreciate your insight.

Thanks.

More trouble in the airline industry this morning as a low cost carrier makes its final flight. We're going to have the details on that.

Plus, there's something fishy on the Internet. We'll show you how people are getting fooled into giving away important personal information.

And later on, SpongeBob SquarePants becomes the latest celebrity targeted by crazed fans. You might want to cover your kids' ears for this one.

But first, here's a look at what else is making news this Wednesday morning.

(COMMERCIAL BREAK)

COLLINS: We want to update you on the story we brought to you just a few minutes ago, happening in the Ukraine this morning. A very important step for the opposition there, who have been claiming voter fraud in the elections of their prime minister. In fact, a decision has been made and that prime minister, Viktor Yanukovych, has been ousted.

We have Jill Dougherty live in Kiev this morning to give us the very latest details.

The power of the people -- Jill.

JILL DOUGHERTY, CNN CORRESPONDENT: Well, Heidi, yes. It is the power of the people. He's not ousted yet, though, I have to warn you. This is complicated. But today it was just a few minutes ago a very big win for the opposition. They were parliament and what they were trying to do was get this no confidence vote in the prime minister, Mr. Viktor Yanukovych, who happens to be the man that the government says won this contested election.

So inside that chamber the opposition deputies, as soon as that vote passed, they were cheering, they were high-fiving each other and wearing their arms scarves, the symbol of the opposition. And then, as they came outside onto the streets, the people, thousands and thousands of them on these cold streets, were cheering and saying "Hey, right on!," "Go!," "You go!," "Molotsi! (ph)," as they say in Ukrainian. So a lot of excitement here on the side of the opposition.

But as I said, it's legally sticky. That's one thing. That's the parliament speaking. Now, the president has to sign off on it, and the president supports the government candidate. Plus, you have these negotiations that are stalled. There are some international representatives coming in here, trying to get it to first base.

But it's an emotional and very, very tense situation, but with a big win for the opposition this morning.

COLLINS: Yes, and we've been watching it for days, Jill, OK.

But if the vote doesn't mean that he's ousted yet, what will happen next? I mean it is possible then, because he has some support, that he could fight this?

DOUGHERTY: Oh, absolutely. You know, legally what would happen is the question now goes to the president, President Kuchma. He can fire the government and then he can create an interim government, which is also what they just voted for. They want an interim government. But let's say that he doesn't do that. The opposition will probably do what they've been doing, which is keeping these hundreds of thousands of people out on the streets demonstrating. They're keeping up the pressure and they're not showing any signs of backing down.

In fact, I'll tell you, the crowds today outside parliament were much bigger than we had ever seen.

COLLINS: All right.

Of course, we will be keeping our eye on it. And through you, Jill Dougherty, live in Kiev this morning.

Thanks so much, Jill. We're going to take a quick break.

We will be back in just a moment here on DAYBREAK.

(COMMERCIAL BREAK)

CARRIE LEE, CNN CORRESPONDENT: I'm Carrie Lee at the Nasdaq market site.

Southeast Airlines, a small carrier out of Florida, has made its final landing. Our affiliate WTSP in Tampa-St. Petersburg says the airlines' employees were called into the airline's corporate headquarters, given their last paychecks and told they no longer had job. Southeast basically blaming high fuel costs, also low yields. Not making enough money to keep those planes in the air.

What does this mean for people who are Southeast ticket holders? Well, the company is saying on its Web site that customers should check their contracts on their tickets and talk to their credit card companies to get refunds. A lot of times credit card companies will offer travel insurance to people who buy tickets on their card, this in case, of course, the ticket is canceled.

Also, although many airlines will leave passengers with canceled tickets, they'll give them an option to fly another airline instead.

A quick market check. Futures looking up for today's session so far this Wednesday morning.

And that is the latest business news.

DAYBREAK will be right back.

(COMMERCIAL BREAK)

COLLINS: There's a new word coming into play in the technology world. It's called phishing. That's phishing with a P. And believe us, it's not something you want to get hooked on.

Our technology expert Daniel Sieberg brings us an explanation.

(BEGIN VIDEO TAPE)

SUSANNA TROTTER, VICTIM OF IDENTITY THEFT: I don't have high speed.

UNIDENTIFIED MALE: Welcome. You've got mail.

DANIEL SIEBERG, CNN CORRESPONDENT (voice-over): Susanna Trotter of Richmond, Virginia bought her first computer in 1999. Within three months, her credit card number was stolen.

TROTTER: I got an e-mail from AOL saying that they needed to check my billing.

SIEBERG: Though the message looked real, it was not from AOL, a corporate sister of CNN, by the way. It was from an online con artiest and when Susanna clicked on a link inside the e-mail, it directed her to what appeared to be a customer service page, complete with legitimate links, logos and all the right language. It even had drop down menus to select her choice of credit card. She was being duped by a very clever identity thief.

TROTTER: Well, the first thing I noticed was on my credit card that there was a charge that I didn't recognize.

SIEBERG: The thief had used the stolen credit card number to purchase some rather lewd content online.

TROTTER: And I called and it was a company out in California. And after much cajoling, I got the girl to tell me that it was an adult entertainment site. And I knew I hadn't signed up for that.

SIEBERG (on camera): The company, of course, was tricked, too. It had nothing to do with Trotter's stolen credit card information. The scheme is called phishing, spelled with a PH, not an F. And scammers cast wide nets in the form of mass e-mails, hoping to reel in unsuspecting victims who think the messages are legitimate.

Sometimes, however, their tactics backfire and they hook the wrong guy.

(voice-over): An FBI agent in the Norfolk field office received the same phony AOL message as Susanna. His name is Joe Vuhasz, but we can't show you his face for investigative reasons.

JOE VUHASZ, FBI AGENT: I think there is some sort of irony in the fact that they were sending the e-mail messages out in such abundance that it just happened that I had to get one. And one of the things that I specialize in is cyber crime. So I think there is some sort of poetic justice.

SIEBERG: The phishers had hooked an FBI agent and he had the means to track them down. Helen Carr and George Patterson are now serving time in federal prison. Their lure of choice was AOL, but other common phishing e-mails purport to be from eBay, PayPal, Citibank and U.S. Bank, among others.

EILEEN HARRINGTON, FTC CONSUMER PROTECTION BUREAU: Phishers send out huge volume of e-mail to people who may or may not have accounts with the companies that they pretend to be on the theory that these companies do so much business that some of the people who receive these e-mails are bound to have accounts or have done business with them and will bite.

SIEBERG: According to one study, 57 million U.S. adults believe they've received a phishing attack e-mail. It's estimated that 11 million of those people actually clicked on the e-mail's links to the fake Web sites. And the trend is on the rise. According to the Anti- Phishing Working Group, with a 52 percent average monthly growth rate through June 2004.

The Federal Trade Commission operates the largest consumer complaint databases in North America. Eileen Harrington says phishing is becoming a huge problem, but it's a crime that's completely preventable.

HARRINGTON: Do not ever provide account information, a PIN, a social security number, any kind of personally identifiable information like that in response to an e-mail, even if you think it's from a legitimate and reputable company, because that's not the way that these companies do business.

SIEBERG: Susanna was able to reverse the charges on her credit card, but was rattled by the whole experience.

TROTTER: I had felt like I was safe. I didn't know enough to realize I wasn't safe. And sure, ever since that happened, I'm very, very careful.

SIEBERG: On the Internet, seeing is not believing. The logos, language and look of anything online are very easy to copy. If you think your billing records need updating, don't take the e-mail's word for it. Contact the company independently and directly yourself.

(END VIDEO TAPE)

SIEBERG: And often the best way to do that is by phone. You want to type in the company's Web site from scratch. Don't ever go there from a link within an e-mail message. Then look up the number on the site and call. Even then, remember that real companies will not ask you to update your billing information in this way.

Now, some bad news. Recent statistics show that phishing e-mail scams are on the rise as we enter the holiday season and more people are buying gifts online -- Heidi, it's going to take a sharp eye not to get hooked.

COLLINS: Yes, you've got to be awfully careful.

All right, Daniel, what do you have coming up tomorrow?

SIEBERG: Tomorrow we are going to look at the rather sensitive issue of workplace privacy. More and more people are being monitored. Some employees, though, are actually fighting back and getting into some legal hot water. We talk to one gentleman who actually decided to do something rather drastic.

And I guess for us, Heidi, though, we're -- it's easier for our employer to monitor us because we're on TV.

COLLINS: This is true. But you're talking about e-mail and all of that, of course.

SIEBERG: That's right. We're talking about e-mail, phone, virtually everything. And it can be legal.

COLLINS: Yes.

All right, well, it's their property. SIEBERG: Exactly.

COLLINS: Daniel, we'll talk more about that tomorrow.

Thanks so much.

SIEBERG: You bet.

All right.

COLLINS: Tom Ridge becomes the seventh member of President Bush's cabinet to resign. We'll look at the legacy he leaves and the men and women in line to take his place.

And later, healthy gifts to take some of the weight gain out of the holiday season.

Stay with us here on DAYBREAK.

(COMMERCIAL BREAK)

COLLINS: Good morning, everybody.

Thanks for waking up with us.

I'm Heidi Collins in today for Carol Costello.

A lot going on this morning.

We want to get the headlines now in the news.

Time is running out for Congress to pass the intelligence reform bill. It stalled because many GOP law makers say it lacks immigration security reforms and takes too much intelligence control away from the military. President Bush says he wants the bill.

Pennsylvania Turnpike workers back on the job. The striking workers and the state's turnpike commission reached a tentative agreement last night to end the strike that went through the Thanksgiving holiday.

Denver's NBC station KUSA reports Dick Ebersol's ribs and sternum broke in the plane crash that killed his youngest son. The pilot and a flight attendant also killed in Sunday's crash in Colorado. Ebersol's oldest son suffered a broken hand. The co-pilot is in critical condition at a Denver burn unit.

An openly gay minister faces the United Methodist denomination today in a church court. Irene Elizabeth Stroud must answer to charges that her lesbianism is incompatible with Methodist ideology. It's the third time the church has held proceedings like this.

Time now for Rob Marciano and a look at the weather -- hi, Rob.

MARCIANO: Hey, Heidi.

It's Old Man Winter.

COLLINS: Oh.

MARCIANO: Have you guys cranked up the heat at the old Collins household yet?

COLLINS: Oh, yes, we had no heat last night, funny you should ask. The guy came, put in a whole house humidifier, blew out the circuit and then, oops, didn't have the part to fix the heat.

MARCIANO: All right, you need a new handyman. That's for sure.

COLLINS: You think?

MARCIANO: It's amazing how warm and fuzzy you are this morning after sleeping in the cold.

COLLINS: Yes.

(WEATHER REPORT)

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 December 1, 2004 - 06:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
HEIDI COLLINS, CNN ANCHOR: President Bush attempts to soothe over some rough spots with the northern neighbors. We'll get a report card on his Canadian visit.
And it's one of the latest Internet schemes. Our technological expert tells us how some of those e-mails you may be getting are phishing. That's phishing with a 'P-H.'

Also, making the right gift choices during the heavy eating holiday period. We'll give you some healthy ideas.

It's Wednesday, the first day of December, and you're watching DAYBREAK.

Good morning, everybody.

Thanks for waking up with us.

I'm Heidi Collins.

There's a lot going on this morning.

Let's get straight to the headlines.

Now in the news, Ukraine's parliament has just narrowly passed a vote of no confidence in the government of Prime Minister Viktor Yanukovych, effectively sacking the pro-Moscow leader. But this is not likely to end a week long political crisis triggered by a contested presidential election. We're going to keep our eye on that one for you.

There's been another suicide car bombing on the Baghdad Airport road. The U.S. military says three people were injured in this morning's attack. It happened at the same spot where a suicide bomber rammed into a U.S. military convoy yesterday.

Meanwhile, south of Baghdad, U.S. and Iraqi forces today detained 15 suspected militants.

PFC Lynndie England due in a military courtroom at Fort Bragg, North Carolina today for pre-court martial motions. England faces several charges in connection with the mistreatment of Iraqi prisoners.

It's World AIDS Day. The focus this year primarily on women and girls, as new warnings surface. Health officials are now stressing more and more females are being infected.

Rob Marciano now with the latest on the weather front -- hey, Rob.

ROB MARCIANO, CNN METEOROLOGIST: Hi, Heidi.

(WEATHER REPORT)

COLLINS: President Bush wakes up this morning in Ottawa. That's Canada's capital, of course. This is the last day of a two day visit. And he's headed to Halifax later this morning.

Our Kareen Wynter is in Washington with a look at how the trip is going -- good morning, Kareen.

KAREEN WYNTER, CNN CORRESPONDENT: Good morning to you, Heidi.

Well, according to Canadian Prime Minister Paul Martin, they made a lot of progress on day one. Now, President Bush was originally scheduled to visit Canada last year. That didn't happen. The trip was canceled. Now another attempt to mend fences.

(BEGIN VIDEO TAPE)

WYNTER (voice-over): A colorful trip that wasn't without some controversy. President Bush's first official state visit to Canada to meet with the country's prime minister in an attempt to improve ties with this country's neighbors to the north. Thousands of demonstrators lined the streets of Ottawa, waving signs and chanting slogans in opposition to the U.S.-led war on Iraq and protesting the American ban on Canadian beef.

Mr. Bush made light of the cold reception.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: I want to thank the Canadian people who came out to wave with all five fingers.

WYNTER: The two day visit with Prime Minister Paul Martin is aimed at ironing out differences on matters of foreign policy, trade disputes and border security issues. President Bush pledged to stand strong against terrorism.

BUSH: Long-term success in this war requires more than military might. It requires the advance of liberty and hope as the great alternatives to hatred and violence.

PAUL MARTIN, CANADIAN PRIME MINISTER: The president, the ministers and I have had a productive meeting. In fact, we agreed to put forward an agenda in which our two nations will cooperate in a practical way toward common goals.

WYNTER: The Canadian government says it will provide hundreds of millions in U.S. dollars to Iraqi reconstruction and humanitarian aide.

(END VIDEO TAPE) WYNTER: Now, in just a few hours, President Bush will head to Halifax, the Atlantic city, to thank Canadians who helped the more than 30,000 Americans whose planes were stranded there immediately following the 9/11 attacks -- Heidi.

COLLINS: All right, Kareen, thank you so much for that.

President Bush will have to get a new anti-terror chief. Homeland Security Secretary Tom Ridge is stepping down. Ridge will be remembered for tying together 22 separate agencies into one huge agency and for using the color-coded security alert system. Ridge is the first secretary of homeland security. It's a position created after the 9/11 attacks. He plans to stay on the job until February 1 unless his successor is confirmed before then.

A U.S. senator who heads an investigation of the Iraqi Oil For Food Program is calling on U.N. Secretary General Kofi Annan to resign because of corruption allegations in that program. In an opinion piece published in today's "Wall Street Journal," Republican Norm Coleman writes: "The decision to call for Mr. Annan's resignation does not come easily, but I have arrived at this conclusion because the most extensive fraud in the history of the U.N. occurred on his watch."

At issue, allegations that Saddam Hussein was able to siphon billions of dollars from the U.N.-run Oil For Food Program and claims Annan's son was on the payroll of a Swiss company being examined for its connection to the program.

A U.N. spokesman defends his boss.

(BEGIN VIDEO CLIP)

FRED ECKHARD, U.N. SPOKESMAN: You can't blame the father for the sins of the son, if there are sins of the son.

(END VIDEO CLIP)

COLLINS: Kofi Annan says he had no personal involvement in granting contracts to companies that took part in the Oil For Food Program.

News across America this morning.

A former teacher in Tampa, Florida expected to enter an insanity defense when she goes on trial for allegedly having sex with a student when he was 14. The attorney for 24-year-old Debra Lafave says two doctors have evaluated her.

(BEGIN VIDEO CLIP)

JOHN FITZGIBBONS, DEBRA LAFAVE'S ATTORNEY: Debby has some profound emotional issues that are not her fault. I think once anyone reads what the doctors have to say, they will understand a lot more about what happened here.

(END VIDEO CLIP)

COLLINS: The former teacher is set to go on trial in April.

Finally, a new governor in Washington State. Republican Dino Rossi was declared the winner Tuesday based on a machine recount of ballots from the November general election. His victory margin, a razor thin 42 votes. Democrats have until Friday to request a recount by hand.

Emotional testimony at the penalty phase of the Scott Peterson trial. Laci Peterson's mother screamed at Scott for killing her daughter, saying divorce was always an option, not murder. The start of the penalty phase was delayed for nearly three hours. A bartender was subpoenaed by the defense. He discussed with the judge potential jury misconduct. It's unclear, though, what, if any, impact it will have on the case.

So on the phone this morning to talk about all of it is legal analyst Kendall Coffey -- Kendall, nice to have you.

Thanks for being here this morning.

KENDALL COFFEY, CNN LEGAL ANALYST: Hey, Good morning, Heidi.

COLLINS: Talk to us first, if you would, about that bartender.

What sort of impact do you think it will have?

COFFEY: Well, it's just yet another twist and turn involving the Scott Peterson jury in which, as you recall, two members were replaced during the course of deliberations. Judges routinely tell jurors you're not to discuss this case with anybody.

COLLINS: Of course.

COFFEY: Apparently there was an allegation that some bartender overhead a juror talking. The judge had a duty to get to the bottom of it, consider the evidence and presumably, Heidi, whatever was heard, those proceedings were sealed. They haven't been disclosed. They made it clear to the judge that this juror was not committing misconduct, was not specifically discussing the merits of the case.

COLLINS: OK. But we do have to talk more, Kendall, about how incredibly emotional, and we expected it would be this way. But listen, if you would, to something that Sharon Rocha, Laci Peterson's mother, of course, said in court. Here it is. "She wanted to be a mother. That was taken away from her. Divorce is always an option, not murder."

We already heard this this morning. But, still, what sort of impact will this family's testimony have on the jury at this point?

COFFEY: It's utterly devastating. I mean nothing will resonate more powerfully with that jury than the anguish of a mother. While during the guilt phase, the judge will keep instructing the jury there's no room for passion, it's not supposed to be an emotional determination, in the sentencing phase, as of 1991, the U.S. Supreme Court said the jury can and must make a moral assessment as to whether a defendant is fit to live and die. And for that reason, they do allow incredibly intense testimony. There's nothing more moving and harder to hear, more painful to react to than the testimony of the anguish of family members about the loss that this has created in their lives.

COLLINS: Well, we also have something here from Brent Rocha. Of course, that was Laci Peterson's brother. It says: "I have never heard her more excited than the day she called me to tell me she was pregnant. She was going to be a great mother."

How does the defense come and defend Scott Peterson now after hearing things like this, in this penalty phase?

COFFEY: It's a completely different strategy than the guilt phase. You don't cross-examine family members who are grief stricken, who are sobbing. Instead, what the defense is going to do is two things. They're going to bring their own emotional impact through the parents of Scott Peterson, who will be literally begging the jury for the life of their son. And this judge has authorized something called a lingering doubt instruction, saying that even if the jury finds there's no reasonable doubt about the guilt or innocence of Scott Peterson, if there is still some whispering question in the minds of the jury, then they can consider that in determining whether this man should live or be put to death.

COLLINS: All right, Kendall Coffey, we'll be watching it again today.

Appreciate your insight.

Thanks.

More trouble in the airline industry this morning as a low cost carrier makes its final flight. We're going to have the details on that.

Plus, there's something fishy on the Internet. We'll show you how people are getting fooled into giving away important personal information.

And later on, SpongeBob SquarePants becomes the latest celebrity targeted by crazed fans. You might want to cover your kids' ears for this one.

But first, here's a look at what else is making news this Wednesday morning.

(COMMERCIAL BREAK)

COLLINS: We want to update you on the story we brought to you just a few minutes ago, happening in the Ukraine this morning. A very important step for the opposition there, who have been claiming voter fraud in the elections of their prime minister. In fact, a decision has been made and that prime minister, Viktor Yanukovych, has been ousted.

We have Jill Dougherty live in Kiev this morning to give us the very latest details.

The power of the people -- Jill.

JILL DOUGHERTY, CNN CORRESPONDENT: Well, Heidi, yes. It is the power of the people. He's not ousted yet, though, I have to warn you. This is complicated. But today it was just a few minutes ago a very big win for the opposition. They were parliament and what they were trying to do was get this no confidence vote in the prime minister, Mr. Viktor Yanukovych, who happens to be the man that the government says won this contested election.

So inside that chamber the opposition deputies, as soon as that vote passed, they were cheering, they were high-fiving each other and wearing their arms scarves, the symbol of the opposition. And then, as they came outside onto the streets, the people, thousands and thousands of them on these cold streets, were cheering and saying "Hey, right on!," "Go!," "You go!," "Molotsi! (ph)," as they say in Ukrainian. So a lot of excitement here on the side of the opposition.

But as I said, it's legally sticky. That's one thing. That's the parliament speaking. Now, the president has to sign off on it, and the president supports the government candidate. Plus, you have these negotiations that are stalled. There are some international representatives coming in here, trying to get it to first base.

But it's an emotional and very, very tense situation, but with a big win for the opposition this morning.

COLLINS: Yes, and we've been watching it for days, Jill, OK.

But if the vote doesn't mean that he's ousted yet, what will happen next? I mean it is possible then, because he has some support, that he could fight this?

DOUGHERTY: Oh, absolutely. You know, legally what would happen is the question now goes to the president, President Kuchma. He can fire the government and then he can create an interim government, which is also what they just voted for. They want an interim government. But let's say that he doesn't do that. The opposition will probably do what they've been doing, which is keeping these hundreds of thousands of people out on the streets demonstrating. They're keeping up the pressure and they're not showing any signs of backing down.

In fact, I'll tell you, the crowds today outside parliament were much bigger than we had ever seen.

COLLINS: All right.

Of course, we will be keeping our eye on it. And through you, Jill Dougherty, live in Kiev this morning.

Thanks so much, Jill. We're going to take a quick break.

We will be back in just a moment here on DAYBREAK.

(COMMERCIAL BREAK)

CARRIE LEE, CNN CORRESPONDENT: I'm Carrie Lee at the Nasdaq market site.

Southeast Airlines, a small carrier out of Florida, has made its final landing. Our affiliate WTSP in Tampa-St. Petersburg says the airlines' employees were called into the airline's corporate headquarters, given their last paychecks and told they no longer had job. Southeast basically blaming high fuel costs, also low yields. Not making enough money to keep those planes in the air.

What does this mean for people who are Southeast ticket holders? Well, the company is saying on its Web site that customers should check their contracts on their tickets and talk to their credit card companies to get refunds. A lot of times credit card companies will offer travel insurance to people who buy tickets on their card, this in case, of course, the ticket is canceled.

Also, although many airlines will leave passengers with canceled tickets, they'll give them an option to fly another airline instead.

A quick market check. Futures looking up for today's session so far this Wednesday morning.

And that is the latest business news.

DAYBREAK will be right back.

(COMMERCIAL BREAK)

COLLINS: There's a new word coming into play in the technology world. It's called phishing. That's phishing with a P. And believe us, it's not something you want to get hooked on.

Our technology expert Daniel Sieberg brings us an explanation.

(BEGIN VIDEO TAPE)

SUSANNA TROTTER, VICTIM OF IDENTITY THEFT: I don't have high speed.

UNIDENTIFIED MALE: Welcome. You've got mail.

DANIEL SIEBERG, CNN CORRESPONDENT (voice-over): Susanna Trotter of Richmond, Virginia bought her first computer in 1999. Within three months, her credit card number was stolen.

TROTTER: I got an e-mail from AOL saying that they needed to check my billing.

SIEBERG: Though the message looked real, it was not from AOL, a corporate sister of CNN, by the way. It was from an online con artiest and when Susanna clicked on a link inside the e-mail, it directed her to what appeared to be a customer service page, complete with legitimate links, logos and all the right language. It even had drop down menus to select her choice of credit card. She was being duped by a very clever identity thief.

TROTTER: Well, the first thing I noticed was on my credit card that there was a charge that I didn't recognize.

SIEBERG: The thief had used the stolen credit card number to purchase some rather lewd content online.

TROTTER: And I called and it was a company out in California. And after much cajoling, I got the girl to tell me that it was an adult entertainment site. And I knew I hadn't signed up for that.

SIEBERG (on camera): The company, of course, was tricked, too. It had nothing to do with Trotter's stolen credit card information. The scheme is called phishing, spelled with a PH, not an F. And scammers cast wide nets in the form of mass e-mails, hoping to reel in unsuspecting victims who think the messages are legitimate.

Sometimes, however, their tactics backfire and they hook the wrong guy.

(voice-over): An FBI agent in the Norfolk field office received the same phony AOL message as Susanna. His name is Joe Vuhasz, but we can't show you his face for investigative reasons.

JOE VUHASZ, FBI AGENT: I think there is some sort of irony in the fact that they were sending the e-mail messages out in such abundance that it just happened that I had to get one. And one of the things that I specialize in is cyber crime. So I think there is some sort of poetic justice.

SIEBERG: The phishers had hooked an FBI agent and he had the means to track them down. Helen Carr and George Patterson are now serving time in federal prison. Their lure of choice was AOL, but other common phishing e-mails purport to be from eBay, PayPal, Citibank and U.S. Bank, among others.

EILEEN HARRINGTON, FTC CONSUMER PROTECTION BUREAU: Phishers send out huge volume of e-mail to people who may or may not have accounts with the companies that they pretend to be on the theory that these companies do so much business that some of the people who receive these e-mails are bound to have accounts or have done business with them and will bite.

SIEBERG: According to one study, 57 million U.S. adults believe they've received a phishing attack e-mail. It's estimated that 11 million of those people actually clicked on the e-mail's links to the fake Web sites. And the trend is on the rise. According to the Anti- Phishing Working Group, with a 52 percent average monthly growth rate through June 2004.

The Federal Trade Commission operates the largest consumer complaint databases in North America. Eileen Harrington says phishing is becoming a huge problem, but it's a crime that's completely preventable.

HARRINGTON: Do not ever provide account information, a PIN, a social security number, any kind of personally identifiable information like that in response to an e-mail, even if you think it's from a legitimate and reputable company, because that's not the way that these companies do business.

SIEBERG: Susanna was able to reverse the charges on her credit card, but was rattled by the whole experience.

TROTTER: I had felt like I was safe. I didn't know enough to realize I wasn't safe. And sure, ever since that happened, I'm very, very careful.

SIEBERG: On the Internet, seeing is not believing. The logos, language and look of anything online are very easy to copy. If you think your billing records need updating, don't take the e-mail's word for it. Contact the company independently and directly yourself.

(END VIDEO TAPE)

SIEBERG: And often the best way to do that is by phone. You want to type in the company's Web site from scratch. Don't ever go there from a link within an e-mail message. Then look up the number on the site and call. Even then, remember that real companies will not ask you to update your billing information in this way.

Now, some bad news. Recent statistics show that phishing e-mail scams are on the rise as we enter the holiday season and more people are buying gifts online -- Heidi, it's going to take a sharp eye not to get hooked.

COLLINS: Yes, you've got to be awfully careful.

All right, Daniel, what do you have coming up tomorrow?

SIEBERG: Tomorrow we are going to look at the rather sensitive issue of workplace privacy. More and more people are being monitored. Some employees, though, are actually fighting back and getting into some legal hot water. We talk to one gentleman who actually decided to do something rather drastic.

And I guess for us, Heidi, though, we're -- it's easier for our employer to monitor us because we're on TV.

COLLINS: This is true. But you're talking about e-mail and all of that, of course.

SIEBERG: That's right. We're talking about e-mail, phone, virtually everything. And it can be legal.

COLLINS: Yes.

All right, well, it's their property. SIEBERG: Exactly.

COLLINS: Daniel, we'll talk more about that tomorrow.

Thanks so much.

SIEBERG: You bet.

All right.

COLLINS: Tom Ridge becomes the seventh member of President Bush's cabinet to resign. We'll look at the legacy he leaves and the men and women in line to take his place.

And later, healthy gifts to take some of the weight gain out of the holiday season.

Stay with us here on DAYBREAK.

(COMMERCIAL BREAK)

COLLINS: Good morning, everybody.

Thanks for waking up with us.

I'm Heidi Collins in today for Carol Costello.

A lot going on this morning.

We want to get the headlines now in the news.

Time is running out for Congress to pass the intelligence reform bill. It stalled because many GOP law makers say it lacks immigration security reforms and takes too much intelligence control away from the military. President Bush says he wants the bill.

Pennsylvania Turnpike workers back on the job. The striking workers and the state's turnpike commission reached a tentative agreement last night to end the strike that went through the Thanksgiving holiday.

Denver's NBC station KUSA reports Dick Ebersol's ribs and sternum broke in the plane crash that killed his youngest son. The pilot and a flight attendant also killed in Sunday's crash in Colorado. Ebersol's oldest son suffered a broken hand. The co-pilot is in critical condition at a Denver burn unit.

An openly gay minister faces the United Methodist denomination today in a church court. Irene Elizabeth Stroud must answer to charges that her lesbianism is incompatible with Methodist ideology. It's the third time the church has held proceedings like this.

Time now for Rob Marciano and a look at the weather -- hi, Rob.

MARCIANO: Hey, Heidi.

It's Old Man Winter.

COLLINS: Oh.

MARCIANO: Have you guys cranked up the heat at the old Collins household yet?

COLLINS: Oh, yes, we had no heat last night, funny you should ask. The guy came, put in a whole house humidifier, blew out the circuit and then, oops, didn't have the part to fix the heat.

MARCIANO: All right, you need a new handyman. That's for sure.

COLLINS: You think?

MARCIANO: It's amazing how warm and fuzzy you are this morning after sleeping in the cold.

COLLINS: Yes.

(WEATHER REPORT)

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