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American Morning

Interview with Amber Frey

Aired January 11, 2005 - 09:31   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: It is 9:31 here in New York City. About 29 minutes away from now, we will soon learn the name of President Bush's choice to replace the outgoing Homeland Security Secretary Tom Ridge. The president expected to name the nominee for that post at 10:00 a.m. Eastern Time. And Certainly CNN will have live coverage of that announcement from the Roosevelt Room of the White House. President Bush also said to publicly talk about his ideas for Social Security reform a bit later this morning. All of those events in D.C. We'll be on it for you -- Soledad.
SOLEDAD O'BRIEN, CNN ANCHOR: All right. Well, rescue officials in Ventura County, California say they've heard signs of survivors beneath the debris after that massive mudslide yesterday north of Los Angeles. A hill gave way.

Look at these pictures.

That was yesterday afternoon in the town of La Conchita. As a result of days of rain, the mudslide wiped out everything in its path, including cars and at least 15 homes. Three people were killed. Ventura County officials say as many as 20 others could still be buried in all that debris. In Santa Clarita, California a mobile home fell right into the rushing waters of the Santa Clara river. Officials say a five-foot wash of water overran a retaining wall. The homeowner fortunately wasn't injured. Parts of nearby Ventura County have seen now 26 inches of rain since Thursday.

Along with mudslides and flooding, check this out. This huge bolder, 25 feet high, it came rushing down on to a road in Malibu. Electrical workers were nearby fixing broken power and phone lines. Amazingly, though, nobody was hurt by that massive thing in the roadway.

HEMMER: Boy, that picture more than anything else really shows the story of California, right there in the middle of Malibu.

O'BRIEN: Oh, what a mess.

(WEATHER REPORT)

HEMMER: Check of the headlines now. Back here in New York with me. Here is kelly Wallace. Good morning again.

KELLY WALLACE, CNN ANCHOR: Good morning again. Busy news morning indeed. Good morning again, everyone.

Now in the news, we're looking at relief efforts after the tsunami disaster. A second airport in Indonesia is being opened up this morning to accommodate hundreds of planes carrying supplies for those tsunami victims. More and more aid is pouring into Indonesia, and officials say the lone facility was being overused. Some 105,000 people died in Indonesia alone from that disaster.

More testimony expected this morning against Army Specialist Charles Graner, the accused ringleader in the Iraqi prisoner abuse scandal. Jurors in Fort Hood, Texas yesterday heard Graner's coworkers describe what they charge was his abusive behavior. Today the prosecution is expected to wrap up its case with videotaped testimony from two former Iraqi detainees at Abu Ghraib. Graner has said he was just following orders. If convicted, he could face more than 17 years in prison.

And news today about former Vermont Governor Howard Dean. He is making another bid to represent the Democrats. Sources say Dean will announce this afternoon he is running to become the chairman of the Democratic National Committee. The position is being vacated by Terry McAuliffe. DNC members will pick a successor next month. A lot of attention to that race.

HEMMER: There's a long list there, too.

O'BRIEN: Names keep getting added.

HEMMER: As you were talking, Suzanne Malveaux checking in from the White House. She has now confirmed through senior administration officials the choice for President Bush to succeed the outgoing Homeland Security Secretary Tom Ridge, the name we have, former appeals court Judge Michael Chertoff to be named. Apparently, Chertoff he headed the Justice Department's criminal division from the years 2001 to 2003. It will be official at the top of the hour, 10:00 Eastern Time, live from the White House, 22 minutes away. We'll be there live when it happens. Again, the name, through Suzanne Malveaux, Judge Michael Chertoff to be named to replace Tom Ridge. More when we get it.

Here's Soledad now.

O'BRIEN: I'm sure we'll know a lot more about this guy before the day is out.

Well, two years ago, Amber Frey suddenly found herself at the center of the most talked about murder mystery in recent years. Throughout the long investigation trial, she's spoken about her relationship with Scott Peterson only to police and to the court. Well, now Amber Frey is telling her story in her book. It's called "Witness for the Prosecution of Scott Peterson." She and her lawyer, Gloria Allred, join us this morning.

Nice to see you both. Thanks for coming in to talk to us.

Along this trial, Gloria and I were speaking every so often, but this is the first time we've had a chance to hear directly from you. In the three months between starting to date Scott Peterson and eventually ending it with Scott Peterson and taping Scott Peterson, at what point there did you realize that this was somebody who was essentially a sociopath, I think it's fair to call him?

AMBER FREY, AUTHORED BOOK ON PETERSON CASE: At what point?

O'BRIEN: At what point in there? When did you know what you were dealing with?

FREY: Well, once I met with law enforcement and had a better understanding what was going on, which was really quick, I knew that this person was not right. I kept saying, you know, in the beginning he was a pathological liar, in which case he was.

O'BRIEN: Did you have any clues at the beginning? Before it went to the police and before you agreed to be taped, were there any things that he was saying, where you thought, oh, that sounds weird. He had the post office box, sort of the cliche for a married man, sort of, don't mail it to my home, mail it to the post office box. Any of those things trigger something in your mind?

FREY: Well, actually, the P.O. box did, but it wasn't because he was supposedly in Europe, and so that was a way he was supposed to, if I wanted to send him something, you know, get there, but that was really the ultimate, like, OK, this is just -- this isn't right. Something's not right here.

O'BRIEN: That's not really holding together. Did you agree to be taped by the police because you were mad and you felt deceived or because you felt like you could be instrumental in solving this case?

FREY: Right. I felt that, you know, if it was something they felt would help one way or another, that it was something I'd be willing to do. You know, I kept in mind, and it wasn't hard to, that there was a missing pregnant woman that people were looking for. And I had had a relationship with Scott, that month, and it was just -- everything just started, you know, coming together. It was just all lies, this whole facade.

O'BRIEN: Gloria, to what degree do you think Amber's testimony to the courtroom is what led to him being convicted and ultimately sentenced to death?

GLORIA ALLRED, AMBER FREY'S ATTORNEY: Well, Soledad, I think it was very important. And I think the jurors also thought that it was an important piece of the puzzle, and they said so. I think we heard Scott Peterson on those tapes. We never heard from him in the courtroom from the witness stand. So listening to those tapes that Amber made, by the way, at great risk to herself, we heard Scott lying, one lie after another lie after another lie. In fact, his credibility was totally damaged. There's no way he could have taken the witness stand after that.

I think it was important. She got him to acknowledge on those tapes that he had said, I lost my wife and these are the first holidays without her, before Laci ever went missing. It is also important, I think, that New Year's Eve call that he made from the vigil for his missing wife, where he's talking to Amber about being in Paris, being in the Eiffel Tower, Talking pillow talk to his girlfriend while his pregnant wife is missing less than a week. It showed a cold heart toward her, not the act of a grieving husband.

O'BRIEN: Did you feel afraid for your -- scared for your own safety? On January 6th, I think, there comes a point where it sounds like on the tapes, at least, he knows that you must know because there's been so much media attention. You're fairly aggressive on these tapes. You say does Laci know about the relationship. When he says yes and she's fine with it. You say an 8-month pregnant woman is fine with our relationship? You start really calling him on things. Is there a point where you were afraid?

FREY: I was afraid from the moment I knew that he had been lying this whole time. And I didn't go home for some time because I was fearful that he knew I was out there. And then there was that time that, in retrospect to think to back even before I knew, once Laci was reported missing, there was a time when I was home and didn't know any of this. So you know, it is very scary. Thankfully, I am OK and I'm doing, you know, doing well.

ALLRED: Had to be frightening, too because he was trying to see her. He asked to come over to her home. Fortunately she thought quickly and said, no, the media might see you. Then he requested a secluded cabin in Lake Arrowhead. And of course, Soledad, we know that when he was arrested April 18th, long after she had cut off communication with him, he had a Mapquest map to her home, actually to her workplace in his car along with shovels, knives, rope and duct tape. I don't know what he was planning to do with her or if he knew she had been taping and handing those tapes over to police, but it sent chills up my spine.

O'BRIEN: As you made your public announcement for the first time, when the world sort of got to see who Amber Frey was, obviously, you were very nervous. I remember that press conference very, very well. After that, I heard that you went and spoke to Laci's mom, you were in contact with her. What were those conversations about? Was she angry with you, was she happy to hear from you? At least a it was a link to maybe solving her daughter's disappearance?

FREY: She had contacted me through the Modesto police shortly after I had made the press conference or statement. And, you know, my reaction or her reaction to me was grateful. She was thankful that I had came forward and just extended that to me.

O'BRIEN: I know that you feel good about your role in getting him convicted. I know you feel justice was done. You've said that several times.

FREY: Right, I do.

O'BRIEN: Give me a sense, since you're probably one of the few people who could really tell us this, why do you think he did it?

FREY: I don't know.

O'BRIEN: No insight whatsoever what happened?

FREY: No. You know, I don't think anybody really has insight. Nobody knew he had a double life.

O'BRIEN: We'll never know.

ALLRED: The prosecutor's theory, of course, was that he wanted freedom from Laci. He didn't want the responsibility of being a father to his son to be, Conner. He wanted freedom. And of course, he seemed on the tapes to be obsessed with Amber.

O'BRIEN: Well, thank you both for coming in to talk to us. Amber Frey and Gloria Allred. It was nice to see you. Thanks for chatting with us -- Bill.

HEMMER: Soledad, thanks. Back to Southern California now. That massive damage from a deadly mudslide in the town of La Conchita. Many still missing, but the search had to be called off at one point due to the danger of more landslides and the continuing heavy rains that continue again today. '

Back from California, firefighter Garrett Prater now with me, who was involved in at least three rescues. And we welcome you here, I know it's early, before the sun is up there in Southern California. Of these three rescues, can you give our viewers a sense of what was the most difficult for you?

GARRETT PRATER, VENTURE COUNTY FIREFIGHTER: It's hard to say what was the most difficult. Basically just not knowing exactly what we have as far as debris coming down on us, unsupported structural members, if we're cutting away structural members, are we going to be endangering the victim and ourselves. And I'd say the most difficult thing is just knowing that we have quite a few victims buried underneath where we're working and not having the ability to get to them right away, but we're continuing with rescue efforts right now with rescuing live victims in mind.

HEMMER: We are told 20 are still missing. That number may change. It may go higher, it may go lower. Do you know at this point whether or not this sound they picked up hours ago is still being pursued that may suggest somebody is alive underneath that mud?

PRATER: Absolutely. We are pursuing it with all our effort. We have -- Ventura County has an urban search and rescue team. They've trained probably 30 or 40 hours a week. A lot of these guys spend time on their days off training for this. They practice this all the time. And they are up there with the best equipment money can buy, listening devices, cameras that can get into small spaces. And for the most part right now, with those tools, we just have brute force, a lot of small hand tools, chainsaws, making -- we're actually looking for void spaces where we can find a viable victim.

HEMMER: Garrett Prater, good luck to you. A firefighter there on the scene on La Conchita, California. Again, we mentioned some survivors may be trapped beneath that mud. We will track that throughout the morning. It is almost 7:00 local time in California. When the sun comes up, the process will continue there searching for survivors now beneath the mud possibly -- Soledad. O'BRIEN: A reminder now, we're waiting for this 10:00 a.m. Eastern time press conference where the president is going to announce his choice for nominee for Homeland Security secretary. The name we are being told by sources is Federal Appeals Court Judge Michael Chertoff.

He would, of course, be replacing Tom Ridge. He is the president's second choice. You'll recall, of course, that former New York City Police Chief Bernard Kerik withdrew as nominee last month. That press conference 10 a.m. Eastern time. We're going to carry that live for you right here on CNN. A short break. We're back in just a moment. Stay with us.

(COMMERCIAL BREAK)

HEMMER: One more reminder, at the top of the hour, 10:00 Eastern Time, President Bush announcing his choice to succeed Tom Ridge as homeland security director. As Judge Michael Chertoff, federal appeals court judge, confirming through CNN that he will be the selection. We'll get it for you top of the hour from the White House.

Before we go there, we go back to Jack and the Question of the Day.

JACK CAFFERTY, CNN ANCHOR: Let's hope he has more luck with this one than he did the last one.

HEMMER: Second pick, right -- Bernard Kerik, immigration issues.

CAFFERTY: Yes, among other things. It's only a three-hour show.

The question of the day is this, how much confidence do you have in the mainstream news media? This is in light of that CBS report excoriating CBS News for the President Bush/National Guard story. Bob in Springfield, Virginia writes, "I see the TV news being more biased than it was 12 or 15 years ago. CNN may have been a part of this swing in that you upped the stakes for viewers. Major networks not able to compete for the near realtime reporting. And therefore, they need a big story."

Nick in Barnaire (ph) Georgia writes, "Except for Fox News, you know, the fair and balanced network, I'd say I'm pretty confident."

And Steve in Cable (ph) Wisconsin writes, "I don't watch the network news. I watch CNN. CNN gets it right the first time. Also CNN has the hottest news babes."

HEMMER: Amen.

"And, Jack, you're lucky to get to sit next to them."

ANDY SERWER, "FORTUNE" MAGAZINE: Bill, you're looking pretty good over there.

HEMMER: Thank you. Appreciate it. You want to swap seats here with me? (CROSSTALK)

O'BRIEN: That's very cute.

When we come back, we'll talk about what's next after the iPod. That's in Andy's report, but first a quick break. Back in a moment.

(COMMERCIAL BREAK)

O'BRIEN: A quick reminder, 10:00 this morning President Bush is going to make his announcement for the nomination for homeland security secretary. We're being told that the word is federal appeals court judge Michael Chertoff who will be succeeding Tom Ridge as the choice.

Let's get right to business, though, first. iPod, a tough little act to follow. Andy Serwer has got a look at that and a check of the market this morning. He's "Minding Your Business."

Hello.

SERWER: Hello again, Soledad. The bears are back at work on Wall Street. Stocks are falling at this hour. Let's check the Big Board, down 53 points on the Dow. Alcoa is leading the Dow downwards, down 3 percent this morning.

Yes, indeed, out in San Francisco, they're holding Mac World, a big event in the tech biz, and tonight Steve Jobs, Apple's CEO, kicks it off and has his big speech. It is always a major event because they rollout a new product. Last year they rolled out the iPod Mini. Last year the iPod Mini. This year people are looking for a cheap iPod, a sub-200 model, maybe a cheap Mac, sub-500, maybe even a device to download video, ala what they did with music with the iTunes store.

A quick other store here. Interesting, a man in California is suing Apple, saying that he was forced to buy an iPod. I love this lawsuit. He's saying that because he's a customer of iTunes. That is apple's online music service, and you can only use iPods at the store. Memo to California guy, you can get another device and go to another Web site, so just an interesting case. Or not. Or just stay home and hang out with Jack.

O'BRIEN: Listen to your CDs with the CD player.

CAFFERTY: Drop by my house and we'll...

HEMMER: The door's always open.

Thank you, Andy.

More on Michael Chertoff, here's Jeanne Meserve down in D.C., our homeland security correspondent.

Jeanne, good morning.

What are you finding out? JEANNE MESERVE, CNN HOMELAND SECURITY CORRESPONDENT: Bill, a bit of a surprise. Michael Chertoff's name was not one of the names that had circulated for this homeland security post. He of course formally was head of the criminal division at the Justice Department, was quite controversial in that post, was one of the people who very strongly advocated some of the actions taken in the wake of 9/11, including the roundup of people who are believed to be illegal aliens, some of whom were held for a considerable length of time without charges being filed against them.

I've had a chance to sample a little bit of opinion this morning in the homeland security community since we learned this name. I will tell you, I talked to one official who's been involved with homeland security in depth, since long before 9/11. He did not know who Michael Chertoff was. He said he was flabbergasted, and he was disappointed. He felt there were a number of people out there who had a broad sort of experience that they might bring to bear in this department. He does not know what this signals, that they've chosen someone with such a narrow legal background for the post.

However, I have talked to another source, a Republican source on the Hill, who found this an encouraging pick. He said the signal is law enforcement is going to be important, an emphasis that that is what the president wants to see the department get right.

Bill, back to you.

HEMMER: All right, Jeanne, thanks. Jeanne Meserve, updating us with what's happening in D.C.

One more reminder, top of the hour, just about 90 seconds from new in fact, we'll get the official announcement from the president. We'll get you down to the White House when that happens.

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Aired January 11, 2005 - 09:31   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: It is 9:31 here in New York City. About 29 minutes away from now, we will soon learn the name of President Bush's choice to replace the outgoing Homeland Security Secretary Tom Ridge. The president expected to name the nominee for that post at 10:00 a.m. Eastern Time. And Certainly CNN will have live coverage of that announcement from the Roosevelt Room of the White House. President Bush also said to publicly talk about his ideas for Social Security reform a bit later this morning. All of those events in D.C. We'll be on it for you -- Soledad.
SOLEDAD O'BRIEN, CNN ANCHOR: All right. Well, rescue officials in Ventura County, California say they've heard signs of survivors beneath the debris after that massive mudslide yesterday north of Los Angeles. A hill gave way.

Look at these pictures.

That was yesterday afternoon in the town of La Conchita. As a result of days of rain, the mudslide wiped out everything in its path, including cars and at least 15 homes. Three people were killed. Ventura County officials say as many as 20 others could still be buried in all that debris. In Santa Clarita, California a mobile home fell right into the rushing waters of the Santa Clara river. Officials say a five-foot wash of water overran a retaining wall. The homeowner fortunately wasn't injured. Parts of nearby Ventura County have seen now 26 inches of rain since Thursday.

Along with mudslides and flooding, check this out. This huge bolder, 25 feet high, it came rushing down on to a road in Malibu. Electrical workers were nearby fixing broken power and phone lines. Amazingly, though, nobody was hurt by that massive thing in the roadway.

HEMMER: Boy, that picture more than anything else really shows the story of California, right there in the middle of Malibu.

O'BRIEN: Oh, what a mess.

(WEATHER REPORT)

HEMMER: Check of the headlines now. Back here in New York with me. Here is kelly Wallace. Good morning again.

KELLY WALLACE, CNN ANCHOR: Good morning again. Busy news morning indeed. Good morning again, everyone.

Now in the news, we're looking at relief efforts after the tsunami disaster. A second airport in Indonesia is being opened up this morning to accommodate hundreds of planes carrying supplies for those tsunami victims. More and more aid is pouring into Indonesia, and officials say the lone facility was being overused. Some 105,000 people died in Indonesia alone from that disaster.

More testimony expected this morning against Army Specialist Charles Graner, the accused ringleader in the Iraqi prisoner abuse scandal. Jurors in Fort Hood, Texas yesterday heard Graner's coworkers describe what they charge was his abusive behavior. Today the prosecution is expected to wrap up its case with videotaped testimony from two former Iraqi detainees at Abu Ghraib. Graner has said he was just following orders. If convicted, he could face more than 17 years in prison.

And news today about former Vermont Governor Howard Dean. He is making another bid to represent the Democrats. Sources say Dean will announce this afternoon he is running to become the chairman of the Democratic National Committee. The position is being vacated by Terry McAuliffe. DNC members will pick a successor next month. A lot of attention to that race.

HEMMER: There's a long list there, too.

O'BRIEN: Names keep getting added.

HEMMER: As you were talking, Suzanne Malveaux checking in from the White House. She has now confirmed through senior administration officials the choice for President Bush to succeed the outgoing Homeland Security Secretary Tom Ridge, the name we have, former appeals court Judge Michael Chertoff to be named. Apparently, Chertoff he headed the Justice Department's criminal division from the years 2001 to 2003. It will be official at the top of the hour, 10:00 Eastern Time, live from the White House, 22 minutes away. We'll be there live when it happens. Again, the name, through Suzanne Malveaux, Judge Michael Chertoff to be named to replace Tom Ridge. More when we get it.

Here's Soledad now.

O'BRIEN: I'm sure we'll know a lot more about this guy before the day is out.

Well, two years ago, Amber Frey suddenly found herself at the center of the most talked about murder mystery in recent years. Throughout the long investigation trial, she's spoken about her relationship with Scott Peterson only to police and to the court. Well, now Amber Frey is telling her story in her book. It's called "Witness for the Prosecution of Scott Peterson." She and her lawyer, Gloria Allred, join us this morning.

Nice to see you both. Thanks for coming in to talk to us.

Along this trial, Gloria and I were speaking every so often, but this is the first time we've had a chance to hear directly from you. In the three months between starting to date Scott Peterson and eventually ending it with Scott Peterson and taping Scott Peterson, at what point there did you realize that this was somebody who was essentially a sociopath, I think it's fair to call him?

AMBER FREY, AUTHORED BOOK ON PETERSON CASE: At what point?

O'BRIEN: At what point in there? When did you know what you were dealing with?

FREY: Well, once I met with law enforcement and had a better understanding what was going on, which was really quick, I knew that this person was not right. I kept saying, you know, in the beginning he was a pathological liar, in which case he was.

O'BRIEN: Did you have any clues at the beginning? Before it went to the police and before you agreed to be taped, were there any things that he was saying, where you thought, oh, that sounds weird. He had the post office box, sort of the cliche for a married man, sort of, don't mail it to my home, mail it to the post office box. Any of those things trigger something in your mind?

FREY: Well, actually, the P.O. box did, but it wasn't because he was supposedly in Europe, and so that was a way he was supposed to, if I wanted to send him something, you know, get there, but that was really the ultimate, like, OK, this is just -- this isn't right. Something's not right here.

O'BRIEN: That's not really holding together. Did you agree to be taped by the police because you were mad and you felt deceived or because you felt like you could be instrumental in solving this case?

FREY: Right. I felt that, you know, if it was something they felt would help one way or another, that it was something I'd be willing to do. You know, I kept in mind, and it wasn't hard to, that there was a missing pregnant woman that people were looking for. And I had had a relationship with Scott, that month, and it was just -- everything just started, you know, coming together. It was just all lies, this whole facade.

O'BRIEN: Gloria, to what degree do you think Amber's testimony to the courtroom is what led to him being convicted and ultimately sentenced to death?

GLORIA ALLRED, AMBER FREY'S ATTORNEY: Well, Soledad, I think it was very important. And I think the jurors also thought that it was an important piece of the puzzle, and they said so. I think we heard Scott Peterson on those tapes. We never heard from him in the courtroom from the witness stand. So listening to those tapes that Amber made, by the way, at great risk to herself, we heard Scott lying, one lie after another lie after another lie. In fact, his credibility was totally damaged. There's no way he could have taken the witness stand after that.

I think it was important. She got him to acknowledge on those tapes that he had said, I lost my wife and these are the first holidays without her, before Laci ever went missing. It is also important, I think, that New Year's Eve call that he made from the vigil for his missing wife, where he's talking to Amber about being in Paris, being in the Eiffel Tower, Talking pillow talk to his girlfriend while his pregnant wife is missing less than a week. It showed a cold heart toward her, not the act of a grieving husband.

O'BRIEN: Did you feel afraid for your -- scared for your own safety? On January 6th, I think, there comes a point where it sounds like on the tapes, at least, he knows that you must know because there's been so much media attention. You're fairly aggressive on these tapes. You say does Laci know about the relationship. When he says yes and she's fine with it. You say an 8-month pregnant woman is fine with our relationship? You start really calling him on things. Is there a point where you were afraid?

FREY: I was afraid from the moment I knew that he had been lying this whole time. And I didn't go home for some time because I was fearful that he knew I was out there. And then there was that time that, in retrospect to think to back even before I knew, once Laci was reported missing, there was a time when I was home and didn't know any of this. So you know, it is very scary. Thankfully, I am OK and I'm doing, you know, doing well.

ALLRED: Had to be frightening, too because he was trying to see her. He asked to come over to her home. Fortunately she thought quickly and said, no, the media might see you. Then he requested a secluded cabin in Lake Arrowhead. And of course, Soledad, we know that when he was arrested April 18th, long after she had cut off communication with him, he had a Mapquest map to her home, actually to her workplace in his car along with shovels, knives, rope and duct tape. I don't know what he was planning to do with her or if he knew she had been taping and handing those tapes over to police, but it sent chills up my spine.

O'BRIEN: As you made your public announcement for the first time, when the world sort of got to see who Amber Frey was, obviously, you were very nervous. I remember that press conference very, very well. After that, I heard that you went and spoke to Laci's mom, you were in contact with her. What were those conversations about? Was she angry with you, was she happy to hear from you? At least a it was a link to maybe solving her daughter's disappearance?

FREY: She had contacted me through the Modesto police shortly after I had made the press conference or statement. And, you know, my reaction or her reaction to me was grateful. She was thankful that I had came forward and just extended that to me.

O'BRIEN: I know that you feel good about your role in getting him convicted. I know you feel justice was done. You've said that several times.

FREY: Right, I do.

O'BRIEN: Give me a sense, since you're probably one of the few people who could really tell us this, why do you think he did it?

FREY: I don't know.

O'BRIEN: No insight whatsoever what happened?

FREY: No. You know, I don't think anybody really has insight. Nobody knew he had a double life.

O'BRIEN: We'll never know.

ALLRED: The prosecutor's theory, of course, was that he wanted freedom from Laci. He didn't want the responsibility of being a father to his son to be, Conner. He wanted freedom. And of course, he seemed on the tapes to be obsessed with Amber.

O'BRIEN: Well, thank you both for coming in to talk to us. Amber Frey and Gloria Allred. It was nice to see you. Thanks for chatting with us -- Bill.

HEMMER: Soledad, thanks. Back to Southern California now. That massive damage from a deadly mudslide in the town of La Conchita. Many still missing, but the search had to be called off at one point due to the danger of more landslides and the continuing heavy rains that continue again today. '

Back from California, firefighter Garrett Prater now with me, who was involved in at least three rescues. And we welcome you here, I know it's early, before the sun is up there in Southern California. Of these three rescues, can you give our viewers a sense of what was the most difficult for you?

GARRETT PRATER, VENTURE COUNTY FIREFIGHTER: It's hard to say what was the most difficult. Basically just not knowing exactly what we have as far as debris coming down on us, unsupported structural members, if we're cutting away structural members, are we going to be endangering the victim and ourselves. And I'd say the most difficult thing is just knowing that we have quite a few victims buried underneath where we're working and not having the ability to get to them right away, but we're continuing with rescue efforts right now with rescuing live victims in mind.

HEMMER: We are told 20 are still missing. That number may change. It may go higher, it may go lower. Do you know at this point whether or not this sound they picked up hours ago is still being pursued that may suggest somebody is alive underneath that mud?

PRATER: Absolutely. We are pursuing it with all our effort. We have -- Ventura County has an urban search and rescue team. They've trained probably 30 or 40 hours a week. A lot of these guys spend time on their days off training for this. They practice this all the time. And they are up there with the best equipment money can buy, listening devices, cameras that can get into small spaces. And for the most part right now, with those tools, we just have brute force, a lot of small hand tools, chainsaws, making -- we're actually looking for void spaces where we can find a viable victim.

HEMMER: Garrett Prater, good luck to you. A firefighter there on the scene on La Conchita, California. Again, we mentioned some survivors may be trapped beneath that mud. We will track that throughout the morning. It is almost 7:00 local time in California. When the sun comes up, the process will continue there searching for survivors now beneath the mud possibly -- Soledad. O'BRIEN: A reminder now, we're waiting for this 10:00 a.m. Eastern time press conference where the president is going to announce his choice for nominee for Homeland Security secretary. The name we are being told by sources is Federal Appeals Court Judge Michael Chertoff.

He would, of course, be replacing Tom Ridge. He is the president's second choice. You'll recall, of course, that former New York City Police Chief Bernard Kerik withdrew as nominee last month. That press conference 10 a.m. Eastern time. We're going to carry that live for you right here on CNN. A short break. We're back in just a moment. Stay with us.

(COMMERCIAL BREAK)

HEMMER: One more reminder, at the top of the hour, 10:00 Eastern Time, President Bush announcing his choice to succeed Tom Ridge as homeland security director. As Judge Michael Chertoff, federal appeals court judge, confirming through CNN that he will be the selection. We'll get it for you top of the hour from the White House.

Before we go there, we go back to Jack and the Question of the Day.

JACK CAFFERTY, CNN ANCHOR: Let's hope he has more luck with this one than he did the last one.

HEMMER: Second pick, right -- Bernard Kerik, immigration issues.

CAFFERTY: Yes, among other things. It's only a three-hour show.

The question of the day is this, how much confidence do you have in the mainstream news media? This is in light of that CBS report excoriating CBS News for the President Bush/National Guard story. Bob in Springfield, Virginia writes, "I see the TV news being more biased than it was 12 or 15 years ago. CNN may have been a part of this swing in that you upped the stakes for viewers. Major networks not able to compete for the near realtime reporting. And therefore, they need a big story."

Nick in Barnaire (ph) Georgia writes, "Except for Fox News, you know, the fair and balanced network, I'd say I'm pretty confident."

And Steve in Cable (ph) Wisconsin writes, "I don't watch the network news. I watch CNN. CNN gets it right the first time. Also CNN has the hottest news babes."

HEMMER: Amen.

"And, Jack, you're lucky to get to sit next to them."

ANDY SERWER, "FORTUNE" MAGAZINE: Bill, you're looking pretty good over there.

HEMMER: Thank you. Appreciate it. You want to swap seats here with me? (CROSSTALK)

O'BRIEN: That's very cute.

When we come back, we'll talk about what's next after the iPod. That's in Andy's report, but first a quick break. Back in a moment.

(COMMERCIAL BREAK)

O'BRIEN: A quick reminder, 10:00 this morning President Bush is going to make his announcement for the nomination for homeland security secretary. We're being told that the word is federal appeals court judge Michael Chertoff who will be succeeding Tom Ridge as the choice.

Let's get right to business, though, first. iPod, a tough little act to follow. Andy Serwer has got a look at that and a check of the market this morning. He's "Minding Your Business."

Hello.

SERWER: Hello again, Soledad. The bears are back at work on Wall Street. Stocks are falling at this hour. Let's check the Big Board, down 53 points on the Dow. Alcoa is leading the Dow downwards, down 3 percent this morning.

Yes, indeed, out in San Francisco, they're holding Mac World, a big event in the tech biz, and tonight Steve Jobs, Apple's CEO, kicks it off and has his big speech. It is always a major event because they rollout a new product. Last year they rolled out the iPod Mini. Last year the iPod Mini. This year people are looking for a cheap iPod, a sub-200 model, maybe a cheap Mac, sub-500, maybe even a device to download video, ala what they did with music with the iTunes store.

A quick other store here. Interesting, a man in California is suing Apple, saying that he was forced to buy an iPod. I love this lawsuit. He's saying that because he's a customer of iTunes. That is apple's online music service, and you can only use iPods at the store. Memo to California guy, you can get another device and go to another Web site, so just an interesting case. Or not. Or just stay home and hang out with Jack.

O'BRIEN: Listen to your CDs with the CD player.

CAFFERTY: Drop by my house and we'll...

HEMMER: The door's always open.

Thank you, Andy.

More on Michael Chertoff, here's Jeanne Meserve down in D.C., our homeland security correspondent.

Jeanne, good morning.

What are you finding out? JEANNE MESERVE, CNN HOMELAND SECURITY CORRESPONDENT: Bill, a bit of a surprise. Michael Chertoff's name was not one of the names that had circulated for this homeland security post. He of course formally was head of the criminal division at the Justice Department, was quite controversial in that post, was one of the people who very strongly advocated some of the actions taken in the wake of 9/11, including the roundup of people who are believed to be illegal aliens, some of whom were held for a considerable length of time without charges being filed against them.

I've had a chance to sample a little bit of opinion this morning in the homeland security community since we learned this name. I will tell you, I talked to one official who's been involved with homeland security in depth, since long before 9/11. He did not know who Michael Chertoff was. He said he was flabbergasted, and he was disappointed. He felt there were a number of people out there who had a broad sort of experience that they might bring to bear in this department. He does not know what this signals, that they've chosen someone with such a narrow legal background for the post.

However, I have talked to another source, a Republican source on the Hill, who found this an encouraging pick. He said the signal is law enforcement is going to be important, an emphasis that that is what the president wants to see the department get right.

Bill, back to you.

HEMMER: All right, Jeanne, thanks. Jeanne Meserve, updating us with what's happening in D.C.

One more reminder, top of the hour, just about 90 seconds from new in fact, we'll get the official announcement from the president. We'll get you down to the White House when that happens.

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