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American Morning
Verdict in for Scott Peterson
Aired December 14, 2004 - 08:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: The verdict is in for Scott Peterson.
SOLEDAD O'BRIEN, CNN ANCHOR: His wife and son.
(BEGIN VIDEO CLIP)
STEVE CARDOSI, PETERSON TRIAL JUROR: He lost his wife and his child and it didn't seem to faze him.
(END VIDEO CLIP)
O'BRIEN: Some testimony. But did the decision come down to a look on Scott Peterson's face?
The highest ranking member of the Taliban is still at large, but will two arrests in southern Afghanistan lead authorities to Mullah Omar?
And CNN's "Security Watch" -- crucial lessons from the infamous sarin gas attack in Japan. Preparations for terror as our live coverage from Tokyo continues on this AMERICAN MORNING.
ANNOUNCER: From the CNN broadcast center in New York, this is AMERICAN MORNING with Soledad O'Brien in New York and from Tokyo, Japan, Bill Hemmer.
HEMMER: Good morning from Tokyo.
We should say good evening. It's evening time here, 10:00 in Tokyo, Japan as day two of our special intercontinental on the road edition continues on AMERICAN MORNING.
Hello, Tokyo.
Great crowd again out here tonight. Fourteen hours ahead of the East Coast and a lot to cover in the coming hour.
We're going to look back today at one of the most frightening moments in Japan's recent history, the sarin gas attack in 1995 by a cult here in this country. How did that prepare this country for terrorists today? We'll look at that in a few moments.
First, I want to go back to New York and say good morning to my partner there -- good morning, Soledad.
O'BRIEN: And good morning to you, Bill.
Thanks.
Also this morning, we're going to talk about the Scott Peterson trial. Peterson sentenced to death, but will he actually die for his crimes? He now becomes one of more than 600 criminals on California's death row. This morning we talk with Jeff Toobin about all the legal moves and maneuvering and what happens right now.
Jack Cafferty is with us this morning in "The File."
JACK CAFFERTY, CNN CORRESPONDENT: There you go.
Coming up in the "Cafferty File," if you're afraid to be an American traveling abroad, we have the perfect disguise for you. And the co-op that evicted a pair of famous New York red-tailed hawks looks to be wilting now in the face of a loud public outcry. We'll have an update.
O'BRIEN: Ah, interesting development.
Thank you, Jack.
CAFFERTY: Yes.
O'BRIEN: Let's get right to Kelly Wallace for the headlines -- good morning.
KELLY WALLACE, CNN CORRESPONDENT: Hello there, Soledad.
Good morning again, everyone.
Now in the news, two key Taliban leaders have reportedly been caught by Afghan forces. The arrests happened near the southern city of Kandahar. According to wire reports, one of the men held is the former security chief from Taliban leader Mullah Omar, seen here. Omar remains at large. His Taliban militia waging war against U.S. and government forces in southern Afghanistan for the last three years. This a developing story that we'll keep following throughout the morning.
In neighboring Iraq now, more deadly violence today. At least two people killed in a car bomb attack near Baghdad's heavily fortified green zone, which is where the Iraqi interim government and U.S. coalition are headquartered. Hospital officials saying more than a dozen others wounded in that explosion. Another suicide bomber struck in that same area yesterday, killing at least eight people.
Here in the United States, attorneys for Michael Jackson have filed new court motions asking to delay his January trial on child molestation charges. Jackson's legal team arguing those charges should be dismissed, citing "vindictive prosecution." They're also looking to suppress DNA evidence seized during surprise raids at his Neverland Ranch. The motion will be argued in a hearing next week.
And good news for anyone who loves to rent a movie. The world's largest video rental chain, Blockbuster, announcing today it will waive late fees for overdue rentals in 2005. Beginning January 1, customers will have a one week grace period to return overdue game and movie rentals, two days for new releases. The rental giant is expecting to increase rental revenue and offset the $300 million it would collect in late fees.
I don't know anybody who hasn't paid some late fees.
O'BRIEN: What's the most you've ever paid for late fees? I mean honest. Like a hundred dollars? Two hundred dollars?
WALLACE: No. My husband doesn't like me to talk about him, but he's the culprit. So I'm pointing the finger where it belongs.
O'BRIEN: Oh, you don't even want to say.
WALLACE: I don't even want to say.
O'BRIEN: It's that bad.
WALLACE: Is it bad.
O'BRIEN: Oh, all right. All right, I hear you.
WALLACE: So, thanks.
O'BRIEN: After deliberating for 11 hours over three days, the six men and six women on the Scott Peterson jury spoke in one voice -- death by lethal injection is their recommendation for the man they convicted of murdering his wife, Laci, and their unborn son.
David Mattingly live from the Petersons' home town of Modesto, California for us this morning -- good morning, David.
DAVID MATTINGLY, CNN CORRESPONDENT: Good morning, Soledad.
The people of Modesto will tell you that whether they ever met her or not, they came to think of Laci Peterson as one of their own. So in spite of yesterday's decision, they can't get past that cold, sad reality that Laci Peterson is gone forever.
(BEGIN VIDEO TAPE)
UNIDENTIFIED FEMALE: "The People of the State of California v. Scott Peterson," we, the jury in the above entitled cause, fix the penalty at death.
MATTINGLY (voice-over): The late lunch crowd at a downtown Modesto diner watched the news of Scott Peterson's death sentence in silence. No cause for celebration. But for some, there was satisfaction.
UNIDENTIFIED FEMALE: And a lot of times we don't have control over anything that happens and so it's nice to finally hear somebody, you know, getting what I believe they deserve.
MATTINGLY: The decision comes achingly close to the two year anniversary of Laci Peterson's disappearance, an ordeal that has left many in this town emotionally weary. Rita McAlister last saw Laci just weeks before her disappearance.
RITA MCALISTER, MODESTO, CALIFORNIA RESIDENT: She was so excited. She was like eight months along and I the was the saddest, saddest thing in the world. I think of her every day.
MATTINGLY: Others look back in anger at how Scott Peterson's many deceptions tugged at the hearts of hundreds who volunteered in futile searches and how his crime tormented a loving hometown family.
UNIDENTIFIED MALE: The justice system works, one way or the other. So that's, you know, that's what the people wanted, that's what the people chose, that's what it is going to be.
MATTINGLY: Though most knew her only from photographs, some say they are forever bonded to the smiling young mother-to-be and the unborn baby they planned to name Conner.
Just hours after a jury recommended that Scott Peterson be put to death, a dozen news organizations crowded outside the Modesto house where Peterson and his wife once appeared to everyone as the perfect couple. At the doorstep, a single candle, with sentiments expressed across the community -- "Laci and Conner, may you rest in peace."
(END VIDEO TAPE)
MATTINGLY: People close to Laci Peterson's family, the Rocha family, say that that family will be observing Laci Peterson's, the anniversary of her death, in private, and will take some time before making any public statements -- Soledad.
O'BRIEN: David, it was two years ago when you were reporting on the disappearance of Laci Peterson. One has to imagine in Modesto it's been a roller coaster ride of hope and then horrible disappointment and then worse.
What is the -- how has the tone changed in Modesto?
MATTINGLY: Well, at that time two years ago, it was such a sensational disappearance, this young mother-to-be mysteriously vanishing from her home here. So there was a great deal of anxiety. So many people got involved in the search for Laci Peterson, so many people calling in the tip line to police with tips in the investigation, trying to help. That's why emotions have run so deeply here, that so many people were personally involved in looking for Laci Peterson.
They all feel deeply deceived by Scott Peterson and therefore still very angry toward him.
O'BRIEN: David Mattingly for us this morning in Modesto.
David, thanks.
Let's get right to Jeff Toobin to weigh in on the jury's death recommendation -- good morning to you. We were talking yesterday about the length of time it was taking in their deliberations and you said it was unusual to have the sentencing phase take longer than the coming down with the actual penalty phase.
Is, so are you surprised by this?
JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Well, I was surprised by the ratio, that it took longer. But when you saw the last bits of evidence that the jury asked for, right before their verdict they asked for seven pieces of evidence, some of the most incriminating stuff, including the autopsy photos of Laci Peterson, you could really see that it looked like the majority of jurors were trying to convince the last couple that, look, this is what we're here about, this is the key evidence, come along with us. They were moving toward a death verdict and they were less than an hour later.
O'BRIEN: I always find it interesting to go back and listen to the things that moved the jurors...
TOOBIN: That was fascinating.
O'BRIEN: Because from the outside, of course, we sit around and talk about what we think is going on in their minds. Here are two jurors with different perspectives on hearing from Scott Peterson. One said you look at him, he said nothing. I wanted to hear some kind of explanation. Another said that he had been painted by such a liar, to some degree by his own defense, that maybe hearing anything wouldn't have helped anyway.
TOOBIN: I am inclined to think that the latter is the right view. I don't think you could have put Scott Peterson on the witness stand. All the prosecution would have had to do is play those crazy tapes where he pretended to be in Paris to show how he'd lied before. How could they say he's telling the truth now?
But, you know, one of the things that I was fascinated by in your interview is how important his demeanor in the courtroom was.
O'BRIEN: That shouldn't matter, though, should it?
TOOBIN: Well, that's the thing...
O'BRIEN: I mean aren't they advised not to take that into account?
TOOBIN: Well, the demeanor is not supposed -- I mean that -- they are allowed to look at the defendant. What's not supposed to matter is the fact that he didn't take the witness stand. You know, under the fifth amendment privilege against self-incrimination, he has an absolute right not to testify. But a lot of defense attorneys suspect that jurors don't really take that to heart. And in listening to your interview and other conversations with the jurors, it really does sound like the fact that he didn't testify was something that hurt him. O'BRIEN: The jurors had also talked about how charming Mark Geragos was at the beginning and you could, from the descriptions from the courtroom, that sort of the jurors would laugh at some of his jokes and he really seemed to have them in his hand, and that the prosecution was kind of doing a lame job at the get go.
Was there a moment when things changed?
TOOBIN: Well, I think once the prosecution stopped wasting so much time and got to the discovery of Laci Peterson's body and the heart of the case, things turned around. But one of the things I heard from the jurors is something we heard from -- we hear from jurors a lot, which was, oh, you know, the lawyers were good, but what really mattered was the evidence. And I think that's what happened here.
I mean Mark Geragos is a good lawyer and he's a funny guy and he's a charming personality. But the evidence mattered a lot more and you know...
O'BRIEN: He had a tough client.
TOOBIN: He just, there's nothing, charm can't solve that problem.
O'BRIEN: Yes. The understatement of the year.
All right, Jeff Toobin, as always, thanks for your legal insight.
TOOBIN: OK.
O'BRIEN: We appreciate it.
TOOBIN: It's been a long haul on this one.
O'BRIEN: It sure has, six months, and a long -- I mean you could see it on those jurors' faces.
TOOBIN: They -- it was fascinating how seriously they took it. It was a wonderful advertisement for the jury sys right now.
O'BRIEN: Well, a tough, tough thing for them to have to do.
Jeff, thanks.
Let's get right to the weather now.
Rob Marciano at the CNN Center with a look at the latest forecast -- Rob, good morning.
What are you looking at?
ROB MARCIANO, CNN METEOROLOGIST: Good morning, Soledad.
(WEATHER REPORT)
O'BRIEN: And let's send it back to Tokyo and Bill Hemmer.
HEMMER: Hey, Soledad, are you a sushi fan or a steak fan if you have your way?
Can you hear me?
O'BRIEN: Yes, I can hear you.
Sushi. I'm a big sushi fan.
HEMMER: Oh, I'm sorry, I didn't hear.
OK. I'm a steak fan. But we're in Japan, right, so we've got to go with it, right?
O'BRIEN: I was going to say, that's not going to help you.
HEMMER: So, I'm trying. That's what I'm trying to tell you. I am trying to become a fan of sushi. The other day we went deep into the heart of Tokyo, found one of the best sushi masters in the entire country. His name is Shageo (ph). He heads up a federation called the All Japan Sushi Federation, 15,000 members. We exchanged business cards. He took us inside of his restaurant, a restaurant, by the way, that has been in his family for 130 years, five generations.
So before we go behind the counter, we have to look the part, of course. So, we donned our hat and our robe to make a tuna roll with rice, Soledad.
We begin with a dry leaf of seaweed. Have a look here.
(BEGIN VIDEO TAPE)
SHAGEO: OK. All right?
HEMMER: All right, we'll do that and then vinegar?
SHAGEO: Yes, vinegar.
HEMMER: Water. Take some rice.
SHAGEO: Yes, yes, you take it.
HEMMER: OK. A nice good chunk of rice. Is that enough?
SHAGEO: OK.
HEMMER: High?
SHAGEO: Yes.
HEMMER: OK. Now we'll put it here.
SHAGEO: Oh, yes.
HEMMER: Yes? And then... SHAGEO: Yes, piano style.
HEMMER: Piano style, like a piano.
SHAGEO: Round, round, round.
HEMMER: OK.
SHAGEO: One, two, three.
HEMMER: One, two, three. And then comes the wasabi?
SHAGEO: Wasabi.
HEMMER: And we'll put a little bit here.
SHAGEO: Yes.
HEMMER: OK, all the way down. And now we're ready for the tuna?
SHAGEO: (UNINTELLIGIBLE).
HEMMER: OK. Place the tuna in the middle.
SHAGEO: OK.
HEMMER: And then press lightly in the middle, right, and pack the rice?
SHAGEO: (UNINTELLIGIBLE).
HEMMER: Voila! Harigato (ph).
SHAGEO: (UNINTELLIGIBLE).
HEMMER: Zano (ph).
SHAGEO: (UNINTELLIGIBLE).
HEMMER: Thank you.
SHAGEO: (UNINTELLIGIBLE).
HEMMER: Harigato (ph).
SHAGEO: (UNINTELLIGIBLE).
(END VIDEO TAPE)
HEMMER: Then became the best part. We got to eat what we made. And we took it a bit of a step further, too, Soledad. We had a nice large slice of octopus, which, by the way, you cannot cut with your teeth. Then we followed that up with some salmon eggs that literally pop inside of your mouth as they go down.
Tomorrow I'm going back to the steak, by the way. O'BRIEN: Can I ask you a question, Bill?
How come...
HEMMER: The Kobe (ph) beef is on my menu.
Go ahead.
O'BRIEN: Oh, yes, that's good.
How come he looks like a sushi master in the hat and the robe and you kind of look like a short order cook? And I say that with love.
HEMMER: You know what? Listen, it looked like a bad Halloween outfit, didn't it?
O'BRIEN: No. No.
You look...
HEMMER: I tried.
O'BRIEN: You look good, as always.
HEMMER: Oh, thank you.
Thank you.
O'BRIEN: All right, Bill, thanks.
HEMMER: I'll see you later.
O'BRIEN: We should tell folks what's coming up this morning.
Should Defense Secretary Donald Rumsfeld resign over the war in Iraq? We're going to hear just who wants him out and who's sticking by him coming up in "Political Jab."
Terrorists release deadly gas on a crowded subway train -- it's not a practice scenario by homeland security agencies. It really happened in Tokyo a decade ago. Up next, important lessons for preventing terrorism at home.
And how would you like to live past 100? It's not uncommon in Okinawa. Dr. Sanjay Gupta tells us what you need to do to make it to your 100th birthday ahead on AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: Welcome back to Tokyo.
About 15 minutes past the hour of 10:00 in the evening here in Japan.
Terrorism, we know, is a global concern today. But before al Qaeda became synonymous with terror, there was a cult her in Japan that shocked the world by using weapons of mass destruction to terrorize subway riders in Tokyo.
In this morning's CNN "Security Watch" today, a horrific event that's been called Japan's crime of the century.
(BEGIN VIDEO TAPE)
DAVID KAPLAN, "THE CULT AT THE END OF THE WORLD": Aum was a doomsday sect that was intent on jump starting the apocalypse.
HEMMER (voice-over): On March 20, 1995, this group of homegrown terrorists launched an attack on Tokyo's subway system, the world's busiest, using deadly sarin nerve gas. Twelve people were killed, more than 5,000 injured and Japan's image as a safe haven from terror was shattered.
KAPLAN: Aum's attacks paralyzed Japanese society. They declared a day of fear which paralyzed much of Tokyo. People didn't go out of their houses. I mean it really was quite amazing what this one doomsday sect was able to accomplish and in a pretty sophisticated society.
HEMMER: David Kaplan, author of "The Cult at the End of the World," says the Aum Shinrikyo attack sounded alarms in Tokyo and in Washington.
KAPLAN: The 9/11 Commission in the United States talked about a failure of imagination, why we didn't see 9/11 coming. This attack, the subway attack, was almost 9/11. And so it's been a huge wake up call, not just for the Japanese, but for people everywhere that terrorists can get a hold of these terribly destructive weapons.
HEMMER: Although it's not clear what, if anything, al Qaeda may have learned from Aum, Japan nearly 10 years after the sarin gas attack, could become a target again.
KAPLAN: Japan's been part of the coalition that's gone into Iraq. Japanese are strong backers of elements of U.S. foreign policy that have upset radical Muslims around the world.
HEMMER: And, Kaplan says, counter-terrorism officials believe another attack on Japanese soil is a case of not if but when.
KAPLAN: What I think the big danger is, now that Aum is pretty well contained, is what comes next? What is on the boards heading our way that we just don't see? We didn't see Oklahoma City coming. We didn't see 9/11 coming. We didn't see the Tokyo subway attack. What's next?
(END VIDEO TAPE)
HEMMER: This past March, after a trial that lasted eight years, the cult leader, Shoko Asahara, was sentenced to death for masterminding the attacks of 1995. It still lives on today quite vividly in the culture here and the society in Tokyo.
More in a moment from Japan. Soledad -- back to you now in New York.
O'BRIEN: All right, Bill, thanks.
Still to come this morning, America's top general is in Baghdad today. We're going to hear what he's doing.
And why is Arnold Schwarzenegger one of the most popular Republicans when he backs so many Democratic policies? "Political Jab" is just ahead on AMERICAN MORNING.
(COMMERCIAL BREAK)
O'BRIEN: Bernard Kerik's withdrawal from the nomination for homeland security took many people by surprise. "The Tonight Show's" Jay Leno offered his take on the failed bid.
(BEGIN VIDEO CLIP FROM "THE TONIGHT SHOW WITH JAY LENO," COURTESY NBC)
JAY LENO, HOST: Our good friend, Adam Sandler, has a movie out called "Spanglish," where he hires a housekeeper who can't speak English, and this causes him a lot of problems. No, I'm sorry, that's Bernard Kerik, the homeland security guy. I'm sorry. I was wrong. It was wrong. I'm sorry. I got confused.
(END VIDEO CLIP)
CAFFERTY: That was too easy.
O'BRIEN: Kind of a cheap shot.
Yes.
CAFFERTY: Yes. That's too easy.
Secretary of Defense Donald Rumsfeld is catching heat from some pretty powerful people of his own political persuasion over his handling of the war in Iraq. Republican Senator John McCain told the Associated Press Monday he has no confidence in Rumsfeld's leadership. In an MSNBC interview, Retired General Norman Schwarzkopf expressed disappointment with Rumsfeld's response last week when a soldier complained of insufficient armored protection. Schwarzkopf pointed out that Rumsfeld acted like he, as the secretary of defense, had nothing to do with the state of the Army when he said you go to war with the army you have, not the army you want to have.
With resignations already from more than half of President Bush's cabinet, we are asking this morning if you think Donald Rumsfeld should consider resigning as the secretary of defense.
Bob in Branford, Connecticut says: "Secretary Rumsfeld should not resign. Instead, he should take a lesser position, such as private in the Army."
John in Madison, Wisconsin: "Jack, you and I are at odds no this. I have a lot of criticisms of Rumsfeld and his management style, but I thought he handled the question very well. No one expects our troops to be lap dogs under any circumstances. Our troops don't want answers that pull punches. Rumsfeld's answer was blunt and to the point, exactly the kinds of answers our troops want and deserve from the secretary of defense."
Steve in Carmel, Indiana: "I'm a Democrat with my Kerry-Edwards bumper sticker affixed to my car. Leave it to a Republican to speak out about Rumsfeld. It's about time someone spoke up. I say John McCain for president in 2008."
You know what, Steve? There's a lot of people that think just like you are.
Claire in Proctorsville, Vermont: "Now, what kind of question is that, Jack? Don't you know you go to war with the secretary of defense you have, not the secretary you'd like to h."
Am@cnn.com.
O'BRIEN: Very clever, Claire.
CAFFERTY: Yes. And the hawks are going to win, I think.
O'BRIEN: Oh, really?
CAFFERTY: I'm not talking about the Atlanta hawks here, I'm talking about those two red-tailed hawks up there on Fifth Avenue. We're going to have a little update in the "Cafferty File" on that. And there's a woman outside the studio with light bulbs on her head.
O'BRIEN: Hello.
CAFFERTY: We probably can't see her, but she's got -- her head is ringed with Christmas lights.
O'BRIEN: 'Tis the season.
CAFFERTY: Well, either that or she's got some...
O'BRIEN: Or a little issues.
CAFFERTY: ... something in her purse that, you know, a bottle of Ripple or something.
O'BRIEN: You see, you take us there and we didn't have to go there.
All right, Jack, thank you.
Still to come this morning, we're going to head back out to Bill Hemmer in Tokyo -- Bill.
HEMMER: Hey, Soledad, you're talking about the hawks, I mean Jack is spreading this word all over the world. I don't know if we can get a shot of this or not. Some folks behind us are wanting to know from Jack what the story is on those birds.
You see that, Jack?
They're calling for you.
Let's get a break here.
In a moment, we'll take you some place where people really know how to live and live and live. Find out how so many live to be over 100 in Okinawa and maybe how we can do it, too.
Back after this.
(COMMERCIAL BREAK)
HEMMER: 10:30 here in Tokyo.
8:30 back in New York City.
Hello, again, everybody, as our tour continues here in Japan this week with our special coverage.
In a few moments, we're going to take a look at the amazing life in Okinawa. More than 800 people there have lived to see their 100th birthday. It's a remarkable statistic that just about anyone on the planet is trying to match. We'll try and figure out what they're doing so right in Okinawa in a few moments.
Also, Soledad is back in New York -- how are you Soledad?
Good morning.
O'BRIEN: Great, Bill.
I'm doing just great.
We miss you here, though.
We're looking forward to seeing you at the beginning of next week.
HEMMER: Oh, I miss you, too.
O'BRIEN: Coming up this morning, "Political Jab," taking a look at whether Washington is starting to turn on Donald Rumsfeld. Are the defense secretary's days numbered? We're going to talk about that with Watkins and Finney.
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 14, 2004 - 08:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: The verdict is in for Scott Peterson.
SOLEDAD O'BRIEN, CNN ANCHOR: His wife and son.
(BEGIN VIDEO CLIP)
STEVE CARDOSI, PETERSON TRIAL JUROR: He lost his wife and his child and it didn't seem to faze him.
(END VIDEO CLIP)
O'BRIEN: Some testimony. But did the decision come down to a look on Scott Peterson's face?
The highest ranking member of the Taliban is still at large, but will two arrests in southern Afghanistan lead authorities to Mullah Omar?
And CNN's "Security Watch" -- crucial lessons from the infamous sarin gas attack in Japan. Preparations for terror as our live coverage from Tokyo continues on this AMERICAN MORNING.
ANNOUNCER: From the CNN broadcast center in New York, this is AMERICAN MORNING with Soledad O'Brien in New York and from Tokyo, Japan, Bill Hemmer.
HEMMER: Good morning from Tokyo.
We should say good evening. It's evening time here, 10:00 in Tokyo, Japan as day two of our special intercontinental on the road edition continues on AMERICAN MORNING.
Hello, Tokyo.
Great crowd again out here tonight. Fourteen hours ahead of the East Coast and a lot to cover in the coming hour.
We're going to look back today at one of the most frightening moments in Japan's recent history, the sarin gas attack in 1995 by a cult here in this country. How did that prepare this country for terrorists today? We'll look at that in a few moments.
First, I want to go back to New York and say good morning to my partner there -- good morning, Soledad.
O'BRIEN: And good morning to you, Bill.
Thanks.
Also this morning, we're going to talk about the Scott Peterson trial. Peterson sentenced to death, but will he actually die for his crimes? He now becomes one of more than 600 criminals on California's death row. This morning we talk with Jeff Toobin about all the legal moves and maneuvering and what happens right now.
Jack Cafferty is with us this morning in "The File."
JACK CAFFERTY, CNN CORRESPONDENT: There you go.
Coming up in the "Cafferty File," if you're afraid to be an American traveling abroad, we have the perfect disguise for you. And the co-op that evicted a pair of famous New York red-tailed hawks looks to be wilting now in the face of a loud public outcry. We'll have an update.
O'BRIEN: Ah, interesting development.
Thank you, Jack.
CAFFERTY: Yes.
O'BRIEN: Let's get right to Kelly Wallace for the headlines -- good morning.
KELLY WALLACE, CNN CORRESPONDENT: Hello there, Soledad.
Good morning again, everyone.
Now in the news, two key Taliban leaders have reportedly been caught by Afghan forces. The arrests happened near the southern city of Kandahar. According to wire reports, one of the men held is the former security chief from Taliban leader Mullah Omar, seen here. Omar remains at large. His Taliban militia waging war against U.S. and government forces in southern Afghanistan for the last three years. This a developing story that we'll keep following throughout the morning.
In neighboring Iraq now, more deadly violence today. At least two people killed in a car bomb attack near Baghdad's heavily fortified green zone, which is where the Iraqi interim government and U.S. coalition are headquartered. Hospital officials saying more than a dozen others wounded in that explosion. Another suicide bomber struck in that same area yesterday, killing at least eight people.
Here in the United States, attorneys for Michael Jackson have filed new court motions asking to delay his January trial on child molestation charges. Jackson's legal team arguing those charges should be dismissed, citing "vindictive prosecution." They're also looking to suppress DNA evidence seized during surprise raids at his Neverland Ranch. The motion will be argued in a hearing next week.
And good news for anyone who loves to rent a movie. The world's largest video rental chain, Blockbuster, announcing today it will waive late fees for overdue rentals in 2005. Beginning January 1, customers will have a one week grace period to return overdue game and movie rentals, two days for new releases. The rental giant is expecting to increase rental revenue and offset the $300 million it would collect in late fees.
I don't know anybody who hasn't paid some late fees.
O'BRIEN: What's the most you've ever paid for late fees? I mean honest. Like a hundred dollars? Two hundred dollars?
WALLACE: No. My husband doesn't like me to talk about him, but he's the culprit. So I'm pointing the finger where it belongs.
O'BRIEN: Oh, you don't even want to say.
WALLACE: I don't even want to say.
O'BRIEN: It's that bad.
WALLACE: Is it bad.
O'BRIEN: Oh, all right. All right, I hear you.
WALLACE: So, thanks.
O'BRIEN: After deliberating for 11 hours over three days, the six men and six women on the Scott Peterson jury spoke in one voice -- death by lethal injection is their recommendation for the man they convicted of murdering his wife, Laci, and their unborn son.
David Mattingly live from the Petersons' home town of Modesto, California for us this morning -- good morning, David.
DAVID MATTINGLY, CNN CORRESPONDENT: Good morning, Soledad.
The people of Modesto will tell you that whether they ever met her or not, they came to think of Laci Peterson as one of their own. So in spite of yesterday's decision, they can't get past that cold, sad reality that Laci Peterson is gone forever.
(BEGIN VIDEO TAPE)
UNIDENTIFIED FEMALE: "The People of the State of California v. Scott Peterson," we, the jury in the above entitled cause, fix the penalty at death.
MATTINGLY (voice-over): The late lunch crowd at a downtown Modesto diner watched the news of Scott Peterson's death sentence in silence. No cause for celebration. But for some, there was satisfaction.
UNIDENTIFIED FEMALE: And a lot of times we don't have control over anything that happens and so it's nice to finally hear somebody, you know, getting what I believe they deserve.
MATTINGLY: The decision comes achingly close to the two year anniversary of Laci Peterson's disappearance, an ordeal that has left many in this town emotionally weary. Rita McAlister last saw Laci just weeks before her disappearance.
RITA MCALISTER, MODESTO, CALIFORNIA RESIDENT: She was so excited. She was like eight months along and I the was the saddest, saddest thing in the world. I think of her every day.
MATTINGLY: Others look back in anger at how Scott Peterson's many deceptions tugged at the hearts of hundreds who volunteered in futile searches and how his crime tormented a loving hometown family.
UNIDENTIFIED MALE: The justice system works, one way or the other. So that's, you know, that's what the people wanted, that's what the people chose, that's what it is going to be.
MATTINGLY: Though most knew her only from photographs, some say they are forever bonded to the smiling young mother-to-be and the unborn baby they planned to name Conner.
Just hours after a jury recommended that Scott Peterson be put to death, a dozen news organizations crowded outside the Modesto house where Peterson and his wife once appeared to everyone as the perfect couple. At the doorstep, a single candle, with sentiments expressed across the community -- "Laci and Conner, may you rest in peace."
(END VIDEO TAPE)
MATTINGLY: People close to Laci Peterson's family, the Rocha family, say that that family will be observing Laci Peterson's, the anniversary of her death, in private, and will take some time before making any public statements -- Soledad.
O'BRIEN: David, it was two years ago when you were reporting on the disappearance of Laci Peterson. One has to imagine in Modesto it's been a roller coaster ride of hope and then horrible disappointment and then worse.
What is the -- how has the tone changed in Modesto?
MATTINGLY: Well, at that time two years ago, it was such a sensational disappearance, this young mother-to-be mysteriously vanishing from her home here. So there was a great deal of anxiety. So many people got involved in the search for Laci Peterson, so many people calling in the tip line to police with tips in the investigation, trying to help. That's why emotions have run so deeply here, that so many people were personally involved in looking for Laci Peterson.
They all feel deeply deceived by Scott Peterson and therefore still very angry toward him.
O'BRIEN: David Mattingly for us this morning in Modesto.
David, thanks.
Let's get right to Jeff Toobin to weigh in on the jury's death recommendation -- good morning to you. We were talking yesterday about the length of time it was taking in their deliberations and you said it was unusual to have the sentencing phase take longer than the coming down with the actual penalty phase.
Is, so are you surprised by this?
JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Well, I was surprised by the ratio, that it took longer. But when you saw the last bits of evidence that the jury asked for, right before their verdict they asked for seven pieces of evidence, some of the most incriminating stuff, including the autopsy photos of Laci Peterson, you could really see that it looked like the majority of jurors were trying to convince the last couple that, look, this is what we're here about, this is the key evidence, come along with us. They were moving toward a death verdict and they were less than an hour later.
O'BRIEN: I always find it interesting to go back and listen to the things that moved the jurors...
TOOBIN: That was fascinating.
O'BRIEN: Because from the outside, of course, we sit around and talk about what we think is going on in their minds. Here are two jurors with different perspectives on hearing from Scott Peterson. One said you look at him, he said nothing. I wanted to hear some kind of explanation. Another said that he had been painted by such a liar, to some degree by his own defense, that maybe hearing anything wouldn't have helped anyway.
TOOBIN: I am inclined to think that the latter is the right view. I don't think you could have put Scott Peterson on the witness stand. All the prosecution would have had to do is play those crazy tapes where he pretended to be in Paris to show how he'd lied before. How could they say he's telling the truth now?
But, you know, one of the things that I was fascinated by in your interview is how important his demeanor in the courtroom was.
O'BRIEN: That shouldn't matter, though, should it?
TOOBIN: Well, that's the thing...
O'BRIEN: I mean aren't they advised not to take that into account?
TOOBIN: Well, the demeanor is not supposed -- I mean that -- they are allowed to look at the defendant. What's not supposed to matter is the fact that he didn't take the witness stand. You know, under the fifth amendment privilege against self-incrimination, he has an absolute right not to testify. But a lot of defense attorneys suspect that jurors don't really take that to heart. And in listening to your interview and other conversations with the jurors, it really does sound like the fact that he didn't testify was something that hurt him. O'BRIEN: The jurors had also talked about how charming Mark Geragos was at the beginning and you could, from the descriptions from the courtroom, that sort of the jurors would laugh at some of his jokes and he really seemed to have them in his hand, and that the prosecution was kind of doing a lame job at the get go.
Was there a moment when things changed?
TOOBIN: Well, I think once the prosecution stopped wasting so much time and got to the discovery of Laci Peterson's body and the heart of the case, things turned around. But one of the things I heard from the jurors is something we heard from -- we hear from jurors a lot, which was, oh, you know, the lawyers were good, but what really mattered was the evidence. And I think that's what happened here.
I mean Mark Geragos is a good lawyer and he's a funny guy and he's a charming personality. But the evidence mattered a lot more and you know...
O'BRIEN: He had a tough client.
TOOBIN: He just, there's nothing, charm can't solve that problem.
O'BRIEN: Yes. The understatement of the year.
All right, Jeff Toobin, as always, thanks for your legal insight.
TOOBIN: OK.
O'BRIEN: We appreciate it.
TOOBIN: It's been a long haul on this one.
O'BRIEN: It sure has, six months, and a long -- I mean you could see it on those jurors' faces.
TOOBIN: They -- it was fascinating how seriously they took it. It was a wonderful advertisement for the jury sys right now.
O'BRIEN: Well, a tough, tough thing for them to have to do.
Jeff, thanks.
Let's get right to the weather now.
Rob Marciano at the CNN Center with a look at the latest forecast -- Rob, good morning.
What are you looking at?
ROB MARCIANO, CNN METEOROLOGIST: Good morning, Soledad.
(WEATHER REPORT)
O'BRIEN: And let's send it back to Tokyo and Bill Hemmer.
HEMMER: Hey, Soledad, are you a sushi fan or a steak fan if you have your way?
Can you hear me?
O'BRIEN: Yes, I can hear you.
Sushi. I'm a big sushi fan.
HEMMER: Oh, I'm sorry, I didn't hear.
OK. I'm a steak fan. But we're in Japan, right, so we've got to go with it, right?
O'BRIEN: I was going to say, that's not going to help you.
HEMMER: So, I'm trying. That's what I'm trying to tell you. I am trying to become a fan of sushi. The other day we went deep into the heart of Tokyo, found one of the best sushi masters in the entire country. His name is Shageo (ph). He heads up a federation called the All Japan Sushi Federation, 15,000 members. We exchanged business cards. He took us inside of his restaurant, a restaurant, by the way, that has been in his family for 130 years, five generations.
So before we go behind the counter, we have to look the part, of course. So, we donned our hat and our robe to make a tuna roll with rice, Soledad.
We begin with a dry leaf of seaweed. Have a look here.
(BEGIN VIDEO TAPE)
SHAGEO: OK. All right?
HEMMER: All right, we'll do that and then vinegar?
SHAGEO: Yes, vinegar.
HEMMER: Water. Take some rice.
SHAGEO: Yes, yes, you take it.
HEMMER: OK. A nice good chunk of rice. Is that enough?
SHAGEO: OK.
HEMMER: High?
SHAGEO: Yes.
HEMMER: OK. Now we'll put it here.
SHAGEO: Oh, yes.
HEMMER: Yes? And then... SHAGEO: Yes, piano style.
HEMMER: Piano style, like a piano.
SHAGEO: Round, round, round.
HEMMER: OK.
SHAGEO: One, two, three.
HEMMER: One, two, three. And then comes the wasabi?
SHAGEO: Wasabi.
HEMMER: And we'll put a little bit here.
SHAGEO: Yes.
HEMMER: OK, all the way down. And now we're ready for the tuna?
SHAGEO: (UNINTELLIGIBLE).
HEMMER: OK. Place the tuna in the middle.
SHAGEO: OK.
HEMMER: And then press lightly in the middle, right, and pack the rice?
SHAGEO: (UNINTELLIGIBLE).
HEMMER: Voila! Harigato (ph).
SHAGEO: (UNINTELLIGIBLE).
HEMMER: Zano (ph).
SHAGEO: (UNINTELLIGIBLE).
HEMMER: Thank you.
SHAGEO: (UNINTELLIGIBLE).
HEMMER: Harigato (ph).
SHAGEO: (UNINTELLIGIBLE).
(END VIDEO TAPE)
HEMMER: Then became the best part. We got to eat what we made. And we took it a bit of a step further, too, Soledad. We had a nice large slice of octopus, which, by the way, you cannot cut with your teeth. Then we followed that up with some salmon eggs that literally pop inside of your mouth as they go down.
Tomorrow I'm going back to the steak, by the way. O'BRIEN: Can I ask you a question, Bill?
How come...
HEMMER: The Kobe (ph) beef is on my menu.
Go ahead.
O'BRIEN: Oh, yes, that's good.
How come he looks like a sushi master in the hat and the robe and you kind of look like a short order cook? And I say that with love.
HEMMER: You know what? Listen, it looked like a bad Halloween outfit, didn't it?
O'BRIEN: No. No.
You look...
HEMMER: I tried.
O'BRIEN: You look good, as always.
HEMMER: Oh, thank you.
Thank you.
O'BRIEN: All right, Bill, thanks.
HEMMER: I'll see you later.
O'BRIEN: We should tell folks what's coming up this morning.
Should Defense Secretary Donald Rumsfeld resign over the war in Iraq? We're going to hear just who wants him out and who's sticking by him coming up in "Political Jab."
Terrorists release deadly gas on a crowded subway train -- it's not a practice scenario by homeland security agencies. It really happened in Tokyo a decade ago. Up next, important lessons for preventing terrorism at home.
And how would you like to live past 100? It's not uncommon in Okinawa. Dr. Sanjay Gupta tells us what you need to do to make it to your 100th birthday ahead on AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: Welcome back to Tokyo.
About 15 minutes past the hour of 10:00 in the evening here in Japan.
Terrorism, we know, is a global concern today. But before al Qaeda became synonymous with terror, there was a cult her in Japan that shocked the world by using weapons of mass destruction to terrorize subway riders in Tokyo.
In this morning's CNN "Security Watch" today, a horrific event that's been called Japan's crime of the century.
(BEGIN VIDEO TAPE)
DAVID KAPLAN, "THE CULT AT THE END OF THE WORLD": Aum was a doomsday sect that was intent on jump starting the apocalypse.
HEMMER (voice-over): On March 20, 1995, this group of homegrown terrorists launched an attack on Tokyo's subway system, the world's busiest, using deadly sarin nerve gas. Twelve people were killed, more than 5,000 injured and Japan's image as a safe haven from terror was shattered.
KAPLAN: Aum's attacks paralyzed Japanese society. They declared a day of fear which paralyzed much of Tokyo. People didn't go out of their houses. I mean it really was quite amazing what this one doomsday sect was able to accomplish and in a pretty sophisticated society.
HEMMER: David Kaplan, author of "The Cult at the End of the World," says the Aum Shinrikyo attack sounded alarms in Tokyo and in Washington.
KAPLAN: The 9/11 Commission in the United States talked about a failure of imagination, why we didn't see 9/11 coming. This attack, the subway attack, was almost 9/11. And so it's been a huge wake up call, not just for the Japanese, but for people everywhere that terrorists can get a hold of these terribly destructive weapons.
HEMMER: Although it's not clear what, if anything, al Qaeda may have learned from Aum, Japan nearly 10 years after the sarin gas attack, could become a target again.
KAPLAN: Japan's been part of the coalition that's gone into Iraq. Japanese are strong backers of elements of U.S. foreign policy that have upset radical Muslims around the world.
HEMMER: And, Kaplan says, counter-terrorism officials believe another attack on Japanese soil is a case of not if but when.
KAPLAN: What I think the big danger is, now that Aum is pretty well contained, is what comes next? What is on the boards heading our way that we just don't see? We didn't see Oklahoma City coming. We didn't see 9/11 coming. We didn't see the Tokyo subway attack. What's next?
(END VIDEO TAPE)
HEMMER: This past March, after a trial that lasted eight years, the cult leader, Shoko Asahara, was sentenced to death for masterminding the attacks of 1995. It still lives on today quite vividly in the culture here and the society in Tokyo.
More in a moment from Japan. Soledad -- back to you now in New York.
O'BRIEN: All right, Bill, thanks.
Still to come this morning, America's top general is in Baghdad today. We're going to hear what he's doing.
And why is Arnold Schwarzenegger one of the most popular Republicans when he backs so many Democratic policies? "Political Jab" is just ahead on AMERICAN MORNING.
(COMMERCIAL BREAK)
O'BRIEN: Bernard Kerik's withdrawal from the nomination for homeland security took many people by surprise. "The Tonight Show's" Jay Leno offered his take on the failed bid.
(BEGIN VIDEO CLIP FROM "THE TONIGHT SHOW WITH JAY LENO," COURTESY NBC)
JAY LENO, HOST: Our good friend, Adam Sandler, has a movie out called "Spanglish," where he hires a housekeeper who can't speak English, and this causes him a lot of problems. No, I'm sorry, that's Bernard Kerik, the homeland security guy. I'm sorry. I was wrong. It was wrong. I'm sorry. I got confused.
(END VIDEO CLIP)
CAFFERTY: That was too easy.
O'BRIEN: Kind of a cheap shot.
Yes.
CAFFERTY: Yes. That's too easy.
Secretary of Defense Donald Rumsfeld is catching heat from some pretty powerful people of his own political persuasion over his handling of the war in Iraq. Republican Senator John McCain told the Associated Press Monday he has no confidence in Rumsfeld's leadership. In an MSNBC interview, Retired General Norman Schwarzkopf expressed disappointment with Rumsfeld's response last week when a soldier complained of insufficient armored protection. Schwarzkopf pointed out that Rumsfeld acted like he, as the secretary of defense, had nothing to do with the state of the Army when he said you go to war with the army you have, not the army you want to have.
With resignations already from more than half of President Bush's cabinet, we are asking this morning if you think Donald Rumsfeld should consider resigning as the secretary of defense.
Bob in Branford, Connecticut says: "Secretary Rumsfeld should not resign. Instead, he should take a lesser position, such as private in the Army."
John in Madison, Wisconsin: "Jack, you and I are at odds no this. I have a lot of criticisms of Rumsfeld and his management style, but I thought he handled the question very well. No one expects our troops to be lap dogs under any circumstances. Our troops don't want answers that pull punches. Rumsfeld's answer was blunt and to the point, exactly the kinds of answers our troops want and deserve from the secretary of defense."
Steve in Carmel, Indiana: "I'm a Democrat with my Kerry-Edwards bumper sticker affixed to my car. Leave it to a Republican to speak out about Rumsfeld. It's about time someone spoke up. I say John McCain for president in 2008."
You know what, Steve? There's a lot of people that think just like you are.
Claire in Proctorsville, Vermont: "Now, what kind of question is that, Jack? Don't you know you go to war with the secretary of defense you have, not the secretary you'd like to h."
Am@cnn.com.
O'BRIEN: Very clever, Claire.
CAFFERTY: Yes. And the hawks are going to win, I think.
O'BRIEN: Oh, really?
CAFFERTY: I'm not talking about the Atlanta hawks here, I'm talking about those two red-tailed hawks up there on Fifth Avenue. We're going to have a little update in the "Cafferty File" on that. And there's a woman outside the studio with light bulbs on her head.
O'BRIEN: Hello.
CAFFERTY: We probably can't see her, but she's got -- her head is ringed with Christmas lights.
O'BRIEN: 'Tis the season.
CAFFERTY: Well, either that or she's got some...
O'BRIEN: Or a little issues.
CAFFERTY: ... something in her purse that, you know, a bottle of Ripple or something.
O'BRIEN: You see, you take us there and we didn't have to go there.
All right, Jack, thank you.
Still to come this morning, we're going to head back out to Bill Hemmer in Tokyo -- Bill.
HEMMER: Hey, Soledad, you're talking about the hawks, I mean Jack is spreading this word all over the world. I don't know if we can get a shot of this or not. Some folks behind us are wanting to know from Jack what the story is on those birds.
You see that, Jack?
They're calling for you.
Let's get a break here.
In a moment, we'll take you some place where people really know how to live and live and live. Find out how so many live to be over 100 in Okinawa and maybe how we can do it, too.
Back after this.
(COMMERCIAL BREAK)
HEMMER: 10:30 here in Tokyo.
8:30 back in New York City.
Hello, again, everybody, as our tour continues here in Japan this week with our special coverage.
In a few moments, we're going to take a look at the amazing life in Okinawa. More than 800 people there have lived to see their 100th birthday. It's a remarkable statistic that just about anyone on the planet is trying to match. We'll try and figure out what they're doing so right in Okinawa in a few moments.
Also, Soledad is back in New York -- how are you Soledad?
Good morning.
O'BRIEN: Great, Bill.
I'm doing just great.
We miss you here, though.
We're looking forward to seeing you at the beginning of next week.
HEMMER: Oh, I miss you, too.
O'BRIEN: Coming up this morning, "Political Jab," taking a look at whether Washington is starting to turn on Donald Rumsfeld. Are the defense secretary's days numbered? We're going to talk about that with Watkins and Finney.
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