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American Morning

Pope's Condition; BTK Serial Killings; Interview With Jamie Foxx

Aired February 28, 2005 - 09:00   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: A gruesome scene in Iraq. More than 100 people dead in a single attack. The deadliest now of the insurgency.
Thirty years of searching. What finally led police to the man they believe is the BTK killer.

Doctors doing everything they can for the pope today,. This morning, trying to learn to speak again.

And at the Academy Awards last night, oh, baby.

(BEGIN VIDEO CLIP)

CLINT EASTWOOD, ACTOR, DIRECTOR: I'm just a kid.

(END VIDEO CLIP)

HEMMER: At 74 years young, Clint Eastwood's "Million Dollar Baby" is in the ring all by itself on this AMERICAN MORNING.

ANNOUNCER: From the CNN Broadcast Center in New York, this is AMERICAN MORNING with Bill Hemmer and Soledad O'Brien.

HEMMER: Good morning, everyone. I'm Bill Hemmer, along with Carol Costello.

Good morning to you.

CAROL COSTELLO, CNN ANCHOR: Good morning. Soledad is out in Los Angeles, where she got the star treatment last night.

HEMMER: Star, indeed, right. She was at the Academy Awards rubbing elbows with just about everybody in Hollywood.

Part two of her interview in a moment with Jamie Foxx, the winner for best actor. Soledad looking great in the red. With a trim of the hair, too, huh? She'll talk to Jamie Foxx about why he got so choked up last night toward the end of his speech.

So stay tuned for that.

COSTELLO: Actually, I just think she got the flat iron out.

HEMMER: Yes?

COSTELLO: Yes, because see how she has her hair curled back?

HEMMER: It's a little shorter here.

COSTELLO: We'll ask her when she comes back.

HEMMER: OK.

COSTELLO: Also, we'll take a look at what's bearing down on the northeast. Another big winter storm today. Chad will be along to tell us who is getting snow and when it all starts coming down.

HEMMER: Right about noon, I believe.

Here's Jack, also.

What's on your mind?

JACK CAFFERTY, CNN ANCHOR: Dan Rather is scheduled to make his final broadcast as the anchor of the "CBS Evening News" on the 9th of March. In this week's issue of "New Yorker" Magazine, some people named Cronkite and Mike Wallace and Don Hewitt are trashing Mr. Rather in an article by Ken Auletta.

Appropriate or not? AM@CNN.com is the email address.

HEMMER: Longtime colleagues. Thank you, Jack.

With the headlines, with us here is Kelly Wallace.

Good morning.

KELLY WALLACE, CNN ANCHOR: Good morning to you. Good morning again, everyone.

"Now in the News," the deadliest single attack in Iraq today since the fall of Saddam Hussein. Police say more than 120 people were killed in a suicide bombing south of Baghdad. More than 150 others are injured. The belief, targets -- police recruits -- police recruits have been frequently targeted by insurgents in recent months.

Beirut, Lebanon, now the scene of protests today. The crowds pouring into Martyrs Square in Beirut, calling for Syrian troops to pull out of Lebanon. The demonstration described as non- confrontational. Several protests have been held since the death of former Lebanese Prime Minister Rafik Hariri in an attack earlier this month.

The family of a missing 9-year-old girl in Citrus County, Florida, once again appealing for help. Jessica Marie Lunsford was last seen Wednesday night. A $25,000 reward has been posted for any information in the case. The intense search set to resume this morning, but officials say they may scale back efforts after today.

And opening statements expected to get under way this morning in the trial of Michael Jackson. Prosecution and defense lawyers will begin outlining evidence in the case in a Santa Maria courtroom less than three hours from now. Reverend Jesse Jackson issued a statement yesterday criticizing jury selection in the trial, saying he was astonished there were no African-Americans on the 12-person panel.

That's a quick check of the headlines. Now to Carol and Bill.

HEMMER: Thanks, Kelly.

COSTELLO: Thank you, Kelly.

The Vatican says Pope John Paul II is doing well this morning. The Vatican released a brief statement on his condition. It says he's eating regularly, he's sitting up in an armchair and he's starting rehab.

With more, Alessio Vinci joins us now live from in front of that hospital in Rome where the pope is staying right now.

Good morning, Alessio.

ALESSIO VINCI, CNN ROME BUREAU CHIEF: Well, good morning to you, Carol.

Yes, indeed, positive news, if you want, from the Vatican this morning. The pope is said to be recovering without any complications. And as you said, he has begun -- has begun rehabilitation procedures for his breathing, as well as his voice.

You know that the pope went through a throat surgery last week which left him temporarily voiceless because he has a tube in his throat and a valve up there as well. And, therefore, the pope is beginning therapy in order to begin to speak again, of course, and breathe as normally as possible.

The Vatican also says that the pope spends a few hours a day sitting in an armchair, meaning obviously that he does not spend most of his time in bed, as some media have reported here in the early days after -- immediately after his operation. Also is saying -- they're saying that the pope is eating regularly.

The pope, of course, did not wait this morning's bulletin to give his own personal update, if you want, on his health. Yesterday, on Sunday, he made a surprise appearance up on the 10th floor of his hospital.

He was wheeled to the window by an aide, and he greeted and blessed a few pilgrims who had gathered just outside his hospital window. Everybody was completely caught by surprise, in fact. Vatican television did not manage to rebroadcast this moment live in St. Peter's Square, where as every Sunday thousands of pilgrims gather to listen actually to the pope when he appears usually from the window of his study to deliver the blessing and a brief message.

So everybody was caught by surprise. But nevertheless, a very, very powerful message from the pope himself, saying, I'm doing much better, I'm trying to recover as quickly as I can because I want to return to the Vatican. Of course the doctors want to keep him here as much as possible. You may remember, when he was brought here in February, earlier in February, he went back home after nine days. Many doctors are now saying that perhaps he went home too soon and that is why he had to return here in an emergency.

Back to you, Carol.

COSTELLO: Alessio Vinci live in Rome this morning. Thank you.

HEMMER: Back in this country now, Carol, a suspect could be charged later today with 10 murders in the Wichita, Kansas, area. Police have not said what led them to arrest Dennis Rader on Friday, but several recent tips to news organizations may have cracked the case that extends more than 30 years.

KAKE anchor Larry Hatteberg has covered the BTK killings since they began. And Larry's back with us this morning.

And good morning to you. We're trying to fight through some of the truth and perhaps put some of what is not true to the side here.

The Associated Press is saying, Larry, that he's already confessed to at least half a dozen murders. What is your station reporting about that?

LARRY HATTEBERG, KAKE TV ANCHOR: Well, yes, our station is reporting that, yes, he is indeed talking to the Wichita Police Department and to the FBI, and that he is confessing to many of the murders. There was an Associated Press report last night that linked him to three additional murders which would have been -- brought the total to 13. However, our local district attorney, Nola Foulston, says that is absolutely not the case.

At this point in time, they are only charging him with the first 10 murders. So that's a little bit of the fact from the fiction.

HEMMER: And we talked with the police chief earlier today. He gave us precious few details about the investigation, very, very tight-lipped.

What about the daughter? There was a report over the weekend that said the daughter called the police two weeks ago. Did that, in fact, take place?

HATTEBERG: That, in fact, did not take place. The police department and the FBI did obtain DNA from the daughter. Just how they obtained that DNA is a little bit of a mystery at this point. We are still trying to run that down.

But they did obtain the daughter's DNA. And it was from that DNA that they took the family hit. They got a hit when they did the DNA test on the family strain of that.

But she did not give up her father. She did not go to police and say, I think my father's BTK. That did not happen. As a matter of fact, we were told...

(CROSSTALK)

HEMMER: So then the police went to her and she did not go to the police is what you're saying?

HATTEBERG: That's right. The FBI actually went to her. And we are also told that the family was absolutely blindsided when this happened. They had no idea that their father was involved in any way, shape or form in the BTK killings.

HEMMER: Do we know where investigators got the DNA for Rader?

HATTEBERG: We -- there was -- there was DNA left at several of the crime scenes from the '70s, '80s, and that's where they obtained the DNA from Rader.

HEMMER: Well, we talked with Mike Brooks earlier today. He handles a lot of police matters for us here at CNN. He says he has never seen a case like this where police are so tight-lipped. What explains that?

HATTEBERG: Police are very tight-lipped. They don't want to mess up this case in any way, shape or form.

We also believe that it was a computer disc that was enclosed in a package that was sent to television station KSAS that also led to a break in this case. On this computer disc it led police to the church where the suspect is the president of the congregation, and that also helped break the case.

HEMMER: So what you're saying follows up what you said over the weekend, that he made some mistakes in communication, such as the one you just mentioned?

HATTEBERG: That's right. The police department felt it was very important to keep him -- to keep him communicating.

As you know, since last March, he had communicated with the police, the news media and the public at least 11 times that we know of. And they felt that by keeping him communicating, he would make a mistake. And apparently he did.

HEMMER: One more thing here. We believe an arraignment may happen later today. Is that still the case, or will it wait until tomorrow?

HATTEBERG: It could happen later today. It could happen tomorrow. Apparently he's being held on a $10 million bond in county jail.

HEMMER: We can go back to last March, about a year ago, when we started talking about this here on AMERICAN MORNING, Larry, and you were with us then. Thanks for your time today. From KAKE, Larry Hatteberg, there in Wichita.

HATTEBERG: My pleasure. Thank you.

HEMMER: Aaron Brown joins us later tonight for a special edition of "NEWSNIGHT." BTK killer, cracking the case. "NEWSNIGHT" goes behind the scenes with law enforcement. It comes your way every night of the week at 10:00 Eastern, 7:00 on the West Coast -- Carol.

COSTELLO: Fascinating, isn't it? Fascinating.

Let's talk about the weather now, because a big storm is heading this way. In fact, it's already snowing, what, Chad, in Baltimore, in Washington, in Philadelphia?

CHAD MYERS, CNN METEOROLOGIST: Yes. And it is headed to New York City now.

(WEATHER REPORT)

HEMMER: It is hard to put a price tag on winning an Oscar, but the 77th Academy Awards were definitely worth a million-plus. The film "Million Dollar Baby" took home four major awards last night, including best actress for Hilary Swank. In addition, it was also named best picture, and Clint Eastwood won as best director.

Morgan Freeman won for his supporting role in "Million Dollar Baby." And Cate Blanchett won for her supporting role in "The Aviator."

Jamie Foxx won best actor for his portrayal of the late, great Ray Charles and gave a heartfelt acceptance speech once again, thanking Charles and paying tribute to his late grandmother.

Soledad is in L.A. She sat down, talked with the best actor winner and his daughter. They talked about a meeting that Foxx had with Sidney Poitier after he got that nomination.

(BEGIN VIDEOTAPE)

JAMIE FOXX, ACTOR: And he said, I'm going to tell you something about this. I give you a responsibility. The responsibility that, if you do win, be responsible for it, be grown up about it.

SOLEDAD O'BRIEN, CNN ANCHOR: Which means what to you?

FOXX: It means exactly what went on stage tonight, the speech.

O'BRIEN: A meaningful speech.

FOXX: Meaningful speech. Oprah Winfrey came by my chair.

O'BRIEN: Did you see her go like this to you?

FOXX: Yes. Came by my chair before and my little girl was there. She came by my chair with a tissue.

And I said, "What's that?" "Put the gum in here. Put your gum in the tissue. I don't want you having the gum on stage." And she said, "And do not let us look back on this night when you go on stage and not be able to be proud about the words that you say on the stage."

(BEGIN VIDEO CLIP)

FOXX: She would talk to me and tell me why she whipped she me. She said, "I want you to be a southern gentleman." And she still talks to me now. Only now she talks to me in my dreams.

(APPLAUSE)

(END VIDEO CLIP)

O'BRIEN: You got choked up on stage talking about your grandmother, talking about your daughter.

FOXX: Come on, I'm supposed to. I had to.

It's like, I'm a cry baby anyway. I cry -- you know, my homies get after me, "You're always crying." I said, "But, you know, it's like an emotion that really like cleanses you, I think."

It really, like -- I like feeling. You know what I'm saying? When you have no feelings, when you fight that feeling, it's nothing there.

O'BRIEN: It was pretty amazing, I think this year, to see in every category a person of color.

FOXX: Yes.

O'BRIEN: I mean, that was remarkable.

FOXX: It was remarkable.

O'BRIEN: What does that say to you about the times we're in?

FOXX: Well, I'll tell you like this, there was a young man by the name of Larry Elder who said, "Why does Jamie Foxx always have to say 'black'? He says black this and black that. Ray Charles wasn't just a black movie, it was..." -- and it wasn't anything like that.

That was -- and I like Larry. He says a lot of great things, too. But the reason that we say that is because, with all of the negative images that are in our community with our music and lifestyle sometimes that we show on TV, why not have something positive, a beautiful African-American story about someone who was so great with his music that he encompassed everybody?

The first Internet connection was Ray. But for those young black kids that are looking and saying, "Oh, man, maybe I'll get a chance to be like Jamie Foxx, and I'll watch Denzel and watch Halle and watch Lou Gossett and all of these guys," it's great to see your own kind. Now, beyond that, Sidney Poitier says "Yes, we are wrapped in that black package, but always remember to keep your artisticness (ph) out there, and then that's what they'll grab onto." And the reason that diversity works, because it makes everything great. I mean, when you watch Salma Hayek, and when she speaks about her, you know, culture, you feel great about that. You know, when you watch Morgan Freeman (UNINTELLIGIBLE), and everybody' sharing.

There was not one person watching this telecast that thought, why must you say "black" or why must you say "Hispanic?" Nobody cares. It's about that art.

O'BRIEN: What did you think about Chris rock?

FOXX: Chris Rock was great.

O'BRIEN: He was good, huh?

FOXX: Oh, he was great. I think the George Bush thing was like my favorite -- favorite thing. But he did a great job. And that's a tough gig because with so much that's going on TV. You know, they're very -- they were like, you can't say this, you can't say that.

O'BRIEN: Right.

FOXX: So I think he did a great job of moving it along and just being -- you know, being Chris Rock.

O'BRIEN: So what are you doing next? I mean, are like amazing scripts coming your way?

FOXX: I have great scripts.

O'BRIEN: You know, $20 million movies?

FOXX: I have a great -- well, I would hope $20 million. But we have a great script coming up called "Miami Vice."

O'BRIEN: Yes, I heard about that.

FOXX: And Michael Mann is directing, you know. I can't -- I'm looking forward to that.

And I'm also shooting a great film called "Jarhead" with Sam Mendes, also an Academy Award winner. So it's great things. And that responsibility that Sidney talked about...

O'BRIEN: Yes.

FOXX: ... if you can't find a movie that's right, I'll just do stand-up. And I haven't left stand-up. So I'll go on the road and do that for like six months until we find -- there may never be another "Ray Charles," but something that we can all feel good about.

O'BRIEN: You've got a lot on your plate. Congratulations to you.

FOXX: Thank you so much.

O'BRIEN: That's really amazing. Really wonderful.

FOXX: Thank you so much.

O'BRIEN: Good for you.

(END VIDEOTAPE)

HEMMER: Jamie Foxx this half-hour. Next half hour, "90-Second Pop" is in Hollywood, talking to Soledad, too, about last night's winners and losers. We'll get to that in about 30 minutes -- Carol.

COSTELLO: He is a cool guy.

HEMMER: Yes, he is. And extremely talented, too. Look for "Jarhead" to be a great movie, too. One of -- the beginning of a long line of films to come out of Hollywood regarding the Iraq war.

COSTELLO: Oh, I'm sure.

HEMMER: Yes.

COSTELLO: I'm sure.

They are supposed to ensure the safety of the medicine you take, but some FDA advisers, are they too cozy with drug companies? We'll take a closer look.

HEMMER: Also, put a billionaire together with a millionaire today. We'll explain what they consider the last great aviation record of our times. Sir Richard Branson and Steve Fossett are with us this hour as well.

COSTELLO: Both down to earth, humble guys.

And the Michael Jackson trial gets started. How do defense lawyers win without attacking a child accuser? Jeffrey Toobin tells us who's fair game.

That's next on AMERICAN MORNING.

(COMMERCIAL BREAK)

COSTELLO: The scene is set for the long-awaited day in the Michael Jackson child molestation trial. Opening statements are set to begin in just a couple of hours, and testimony could start as early as this afternoon.

CNN senior legal analyst Jeffrey Toobin joins me now from Santa Maria, California, in the midst of what will be madness.

Although I hear a lot of voices around you, Jeffrey.

JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: No, it's actually fairly quiet at this hour, Carol. But, you know, what's really striking to me is, I was here last year at the famous or infamous arraignment, when Michael Jackson danced on the hood of his car, on the roof of his car about 30 feet to my left here. What -- this place is locked down like no courthouse I have ever seen.

There are literally hundreds of feet of chain-link fence surrounding the courthouse. The court officials here are determined not to let anything get out of control. But it really does look like sort of an armed camp at the moment.

COSTELLO: Oh, I wish we could take a wider shot so we can see all of the cameras beside you. Count for us quickly, how many are there?

TOOBIN: Well, I would say there are about 30 that you can see now. But some of our colleagues have built big structures that they are going to have as sort of skyboxes to watch the festivities. And after all, all it is is a parking lot here. There's nothing much to see in the parking lot.

But this is the center of a tremendous amount of activity. And finally, after more than a year, the trial starts in about two hours.

COSTELLO: Well, let's talk about the opening statements, because they're more important than many believe.

TOOBIN: Absolutely. You know, the judges always instruct juries that opening statements are not evidence, you have to hear the evidence from the witnesses and the exhibits. But jurors, many people believe, actually listen to opening statements as if they are evidence. And that's the first they hear about the trial, so it's enormously important for both sides here to start -- to start putting their best foot forward as soon as they get up there.

COSTELLO: Oh, yes, first impressions mean a lot.

Jesse Jackson is weighing in on the makeup of the jury, no African-Americans on the panel. This is what he said, Jeffrey. He says, "Imagine another scenario. What if a Caucasian was on trial and accused of molesting black children and faced a jury composed of seven African-Americans, four Hispanics, one Asian and omitted whites? Would that not appear unfair and imbalance?" -- Jeffrey.

TOOBIN: Well, it is -- it is an odd situation here that Michael Jackson, one of the most famous African-Americans in the world, is on trial in front of an all-white or all-non-African-American jury. However, you know, Santa Maria, where we are here, is 1.9 percent African-American. The jury pool was less than 10 percent African- American.

So, you know, this a cross-section of the community. It is not...

COSTELLO: Yes, but, Jeffrey, does Jesse Jackson weighing in matter with the jury?

TOOBIN: I doubt it. I don't think they're going to pay a lot of attention. You know, one of the interesting things about this trial is there has not been a great racial component to it yet. I mean, the O.J. Simpson case, which is the obvious in comparison here, there was a racial dimension from the very beginning after the trial was moved from Santa Monica to central Los Angeles. Here, this has not had a big racial component yet. But we shall see.

I mean, this is sort of the first salvo, Jesse Jackson getting involved. But I don't know if there will be anything more after that.

COSTELLO: Jeffrey Toobin live in California this morning. Thank you.

TOOBIN: OK.

HEMMER: Carol, in a moment here, the father of a missing Florida girl says he is positive she has been kidnapped. Police, however, aren't so sure. A closer look, we'll take you live to Florida as we continue in a moment here on AMERICAN MORNING.

(COMMERCIAL BREAK)

Back to Jack, "Question of the Day."

CAFFERTY: Thank you, Bill.

As Dan Rather's long career as the anchor of the "CBS Evening News" winds down, some very well-known colleagues at CBS News are trashing him in an article by Ken Auletta in the "New Yorker" Magazine. Walter Cronkite, who actually recommended Rather as his replacement, calls Rather's style showboating.

Mike Wallace says Rather is "uptight and occasionally contrived." Even "60 Minutes" creator Don Hewitt says he prefers watching Peter Jennings to Dan Rather.

This is the farewell that Rather gets after 24 years as the anchor of the "CBS Evening News." With friends like these, who needs enemies?

The question is, is it appropriate for these people to be carping about Dan Rather when he's less than two weeks away from his final broadcast?

Liz in Chagrin Falls, Ohio, writes, "Yes, a newsman's first duty is to tell the truth. Dan didn't. His colleagues must show they get it."

Edward in Ottawa, "Isn't the standard retirement sendoff a gold watch and a handshake? Rather's colleagues crossed the line. Rather should go to the press and retaliate with staff Christmas party stories. If he doesn't have anything juicy, just make them up. He's good at that sort of thing."

Al in Fort Wayne, Indiana, "For members of the old Tiffany Network to stoop to this level further trashes the reputation of what used to be one of the finest news organizations in the world. I'm most disappointed by Walter Cronkite's remarks. What Would Edward R. Murrow say?"

And Marcus writes from Kofu, Japan, "I'm getting a little tired of the media reporting on the media. You guys are not that fascinating, you know?"

COSTELLO: That's probably the truest statement right there.

HEMMER: Got a point. Right. Thank you, Jack.

CAFFERTY: You're welcome.

HEMMER: Back in a moment. Hollywood's biggest night of the year in the books now. Soledad was there to take it all in.

(BEGIN VIDEOTAPE)

O'BRIEN (voice-over): Ahead on "90-Second Pop," "Million Dollar Baby" knocks out the competition. Jamie Foxx cries in his acceptance speech. And Chris Rock, did he rock or flop? Our "90-Second Pop" panel weighs in the morning after the Oscars.

(END VIDEOTAPE)

(COMMERCIAL BREAK)


Aired February 28, 2005 - 09:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: A gruesome scene in Iraq. More than 100 people dead in a single attack. The deadliest now of the insurgency.
Thirty years of searching. What finally led police to the man they believe is the BTK killer.

Doctors doing everything they can for the pope today,. This morning, trying to learn to speak again.

And at the Academy Awards last night, oh, baby.

(BEGIN VIDEO CLIP)

CLINT EASTWOOD, ACTOR, DIRECTOR: I'm just a kid.

(END VIDEO CLIP)

HEMMER: At 74 years young, Clint Eastwood's "Million Dollar Baby" is in the ring all by itself on this AMERICAN MORNING.

ANNOUNCER: From the CNN Broadcast Center in New York, this is AMERICAN MORNING with Bill Hemmer and Soledad O'Brien.

HEMMER: Good morning, everyone. I'm Bill Hemmer, along with Carol Costello.

Good morning to you.

CAROL COSTELLO, CNN ANCHOR: Good morning. Soledad is out in Los Angeles, where she got the star treatment last night.

HEMMER: Star, indeed, right. She was at the Academy Awards rubbing elbows with just about everybody in Hollywood.

Part two of her interview in a moment with Jamie Foxx, the winner for best actor. Soledad looking great in the red. With a trim of the hair, too, huh? She'll talk to Jamie Foxx about why he got so choked up last night toward the end of his speech.

So stay tuned for that.

COSTELLO: Actually, I just think she got the flat iron out.

HEMMER: Yes?

COSTELLO: Yes, because see how she has her hair curled back?

HEMMER: It's a little shorter here.

COSTELLO: We'll ask her when she comes back.

HEMMER: OK.

COSTELLO: Also, we'll take a look at what's bearing down on the northeast. Another big winter storm today. Chad will be along to tell us who is getting snow and when it all starts coming down.

HEMMER: Right about noon, I believe.

Here's Jack, also.

What's on your mind?

JACK CAFFERTY, CNN ANCHOR: Dan Rather is scheduled to make his final broadcast as the anchor of the "CBS Evening News" on the 9th of March. In this week's issue of "New Yorker" Magazine, some people named Cronkite and Mike Wallace and Don Hewitt are trashing Mr. Rather in an article by Ken Auletta.

Appropriate or not? AM@CNN.com is the email address.

HEMMER: Longtime colleagues. Thank you, Jack.

With the headlines, with us here is Kelly Wallace.

Good morning.

KELLY WALLACE, CNN ANCHOR: Good morning to you. Good morning again, everyone.

"Now in the News," the deadliest single attack in Iraq today since the fall of Saddam Hussein. Police say more than 120 people were killed in a suicide bombing south of Baghdad. More than 150 others are injured. The belief, targets -- police recruits -- police recruits have been frequently targeted by insurgents in recent months.

Beirut, Lebanon, now the scene of protests today. The crowds pouring into Martyrs Square in Beirut, calling for Syrian troops to pull out of Lebanon. The demonstration described as non- confrontational. Several protests have been held since the death of former Lebanese Prime Minister Rafik Hariri in an attack earlier this month.

The family of a missing 9-year-old girl in Citrus County, Florida, once again appealing for help. Jessica Marie Lunsford was last seen Wednesday night. A $25,000 reward has been posted for any information in the case. The intense search set to resume this morning, but officials say they may scale back efforts after today.

And opening statements expected to get under way this morning in the trial of Michael Jackson. Prosecution and defense lawyers will begin outlining evidence in the case in a Santa Maria courtroom less than three hours from now. Reverend Jesse Jackson issued a statement yesterday criticizing jury selection in the trial, saying he was astonished there were no African-Americans on the 12-person panel.

That's a quick check of the headlines. Now to Carol and Bill.

HEMMER: Thanks, Kelly.

COSTELLO: Thank you, Kelly.

The Vatican says Pope John Paul II is doing well this morning. The Vatican released a brief statement on his condition. It says he's eating regularly, he's sitting up in an armchair and he's starting rehab.

With more, Alessio Vinci joins us now live from in front of that hospital in Rome where the pope is staying right now.

Good morning, Alessio.

ALESSIO VINCI, CNN ROME BUREAU CHIEF: Well, good morning to you, Carol.

Yes, indeed, positive news, if you want, from the Vatican this morning. The pope is said to be recovering without any complications. And as you said, he has begun -- has begun rehabilitation procedures for his breathing, as well as his voice.

You know that the pope went through a throat surgery last week which left him temporarily voiceless because he has a tube in his throat and a valve up there as well. And, therefore, the pope is beginning therapy in order to begin to speak again, of course, and breathe as normally as possible.

The Vatican also says that the pope spends a few hours a day sitting in an armchair, meaning obviously that he does not spend most of his time in bed, as some media have reported here in the early days after -- immediately after his operation. Also is saying -- they're saying that the pope is eating regularly.

The pope, of course, did not wait this morning's bulletin to give his own personal update, if you want, on his health. Yesterday, on Sunday, he made a surprise appearance up on the 10th floor of his hospital.

He was wheeled to the window by an aide, and he greeted and blessed a few pilgrims who had gathered just outside his hospital window. Everybody was completely caught by surprise, in fact. Vatican television did not manage to rebroadcast this moment live in St. Peter's Square, where as every Sunday thousands of pilgrims gather to listen actually to the pope when he appears usually from the window of his study to deliver the blessing and a brief message.

So everybody was caught by surprise. But nevertheless, a very, very powerful message from the pope himself, saying, I'm doing much better, I'm trying to recover as quickly as I can because I want to return to the Vatican. Of course the doctors want to keep him here as much as possible. You may remember, when he was brought here in February, earlier in February, he went back home after nine days. Many doctors are now saying that perhaps he went home too soon and that is why he had to return here in an emergency.

Back to you, Carol.

COSTELLO: Alessio Vinci live in Rome this morning. Thank you.

HEMMER: Back in this country now, Carol, a suspect could be charged later today with 10 murders in the Wichita, Kansas, area. Police have not said what led them to arrest Dennis Rader on Friday, but several recent tips to news organizations may have cracked the case that extends more than 30 years.

KAKE anchor Larry Hatteberg has covered the BTK killings since they began. And Larry's back with us this morning.

And good morning to you. We're trying to fight through some of the truth and perhaps put some of what is not true to the side here.

The Associated Press is saying, Larry, that he's already confessed to at least half a dozen murders. What is your station reporting about that?

LARRY HATTEBERG, KAKE TV ANCHOR: Well, yes, our station is reporting that, yes, he is indeed talking to the Wichita Police Department and to the FBI, and that he is confessing to many of the murders. There was an Associated Press report last night that linked him to three additional murders which would have been -- brought the total to 13. However, our local district attorney, Nola Foulston, says that is absolutely not the case.

At this point in time, they are only charging him with the first 10 murders. So that's a little bit of the fact from the fiction.

HEMMER: And we talked with the police chief earlier today. He gave us precious few details about the investigation, very, very tight-lipped.

What about the daughter? There was a report over the weekend that said the daughter called the police two weeks ago. Did that, in fact, take place?

HATTEBERG: That, in fact, did not take place. The police department and the FBI did obtain DNA from the daughter. Just how they obtained that DNA is a little bit of a mystery at this point. We are still trying to run that down.

But they did obtain the daughter's DNA. And it was from that DNA that they took the family hit. They got a hit when they did the DNA test on the family strain of that.

But she did not give up her father. She did not go to police and say, I think my father's BTK. That did not happen. As a matter of fact, we were told...

(CROSSTALK)

HEMMER: So then the police went to her and she did not go to the police is what you're saying?

HATTEBERG: That's right. The FBI actually went to her. And we are also told that the family was absolutely blindsided when this happened. They had no idea that their father was involved in any way, shape or form in the BTK killings.

HEMMER: Do we know where investigators got the DNA for Rader?

HATTEBERG: We -- there was -- there was DNA left at several of the crime scenes from the '70s, '80s, and that's where they obtained the DNA from Rader.

HEMMER: Well, we talked with Mike Brooks earlier today. He handles a lot of police matters for us here at CNN. He says he has never seen a case like this where police are so tight-lipped. What explains that?

HATTEBERG: Police are very tight-lipped. They don't want to mess up this case in any way, shape or form.

We also believe that it was a computer disc that was enclosed in a package that was sent to television station KSAS that also led to a break in this case. On this computer disc it led police to the church where the suspect is the president of the congregation, and that also helped break the case.

HEMMER: So what you're saying follows up what you said over the weekend, that he made some mistakes in communication, such as the one you just mentioned?

HATTEBERG: That's right. The police department felt it was very important to keep him -- to keep him communicating.

As you know, since last March, he had communicated with the police, the news media and the public at least 11 times that we know of. And they felt that by keeping him communicating, he would make a mistake. And apparently he did.

HEMMER: One more thing here. We believe an arraignment may happen later today. Is that still the case, or will it wait until tomorrow?

HATTEBERG: It could happen later today. It could happen tomorrow. Apparently he's being held on a $10 million bond in county jail.

HEMMER: We can go back to last March, about a year ago, when we started talking about this here on AMERICAN MORNING, Larry, and you were with us then. Thanks for your time today. From KAKE, Larry Hatteberg, there in Wichita.

HATTEBERG: My pleasure. Thank you.

HEMMER: Aaron Brown joins us later tonight for a special edition of "NEWSNIGHT." BTK killer, cracking the case. "NEWSNIGHT" goes behind the scenes with law enforcement. It comes your way every night of the week at 10:00 Eastern, 7:00 on the West Coast -- Carol.

COSTELLO: Fascinating, isn't it? Fascinating.

Let's talk about the weather now, because a big storm is heading this way. In fact, it's already snowing, what, Chad, in Baltimore, in Washington, in Philadelphia?

CHAD MYERS, CNN METEOROLOGIST: Yes. And it is headed to New York City now.

(WEATHER REPORT)

HEMMER: It is hard to put a price tag on winning an Oscar, but the 77th Academy Awards were definitely worth a million-plus. The film "Million Dollar Baby" took home four major awards last night, including best actress for Hilary Swank. In addition, it was also named best picture, and Clint Eastwood won as best director.

Morgan Freeman won for his supporting role in "Million Dollar Baby." And Cate Blanchett won for her supporting role in "The Aviator."

Jamie Foxx won best actor for his portrayal of the late, great Ray Charles and gave a heartfelt acceptance speech once again, thanking Charles and paying tribute to his late grandmother.

Soledad is in L.A. She sat down, talked with the best actor winner and his daughter. They talked about a meeting that Foxx had with Sidney Poitier after he got that nomination.

(BEGIN VIDEOTAPE)

JAMIE FOXX, ACTOR: And he said, I'm going to tell you something about this. I give you a responsibility. The responsibility that, if you do win, be responsible for it, be grown up about it.

SOLEDAD O'BRIEN, CNN ANCHOR: Which means what to you?

FOXX: It means exactly what went on stage tonight, the speech.

O'BRIEN: A meaningful speech.

FOXX: Meaningful speech. Oprah Winfrey came by my chair.

O'BRIEN: Did you see her go like this to you?

FOXX: Yes. Came by my chair before and my little girl was there. She came by my chair with a tissue.

And I said, "What's that?" "Put the gum in here. Put your gum in the tissue. I don't want you having the gum on stage." And she said, "And do not let us look back on this night when you go on stage and not be able to be proud about the words that you say on the stage."

(BEGIN VIDEO CLIP)

FOXX: She would talk to me and tell me why she whipped she me. She said, "I want you to be a southern gentleman." And she still talks to me now. Only now she talks to me in my dreams.

(APPLAUSE)

(END VIDEO CLIP)

O'BRIEN: You got choked up on stage talking about your grandmother, talking about your daughter.

FOXX: Come on, I'm supposed to. I had to.

It's like, I'm a cry baby anyway. I cry -- you know, my homies get after me, "You're always crying." I said, "But, you know, it's like an emotion that really like cleanses you, I think."

It really, like -- I like feeling. You know what I'm saying? When you have no feelings, when you fight that feeling, it's nothing there.

O'BRIEN: It was pretty amazing, I think this year, to see in every category a person of color.

FOXX: Yes.

O'BRIEN: I mean, that was remarkable.

FOXX: It was remarkable.

O'BRIEN: What does that say to you about the times we're in?

FOXX: Well, I'll tell you like this, there was a young man by the name of Larry Elder who said, "Why does Jamie Foxx always have to say 'black'? He says black this and black that. Ray Charles wasn't just a black movie, it was..." -- and it wasn't anything like that.

That was -- and I like Larry. He says a lot of great things, too. But the reason that we say that is because, with all of the negative images that are in our community with our music and lifestyle sometimes that we show on TV, why not have something positive, a beautiful African-American story about someone who was so great with his music that he encompassed everybody?

The first Internet connection was Ray. But for those young black kids that are looking and saying, "Oh, man, maybe I'll get a chance to be like Jamie Foxx, and I'll watch Denzel and watch Halle and watch Lou Gossett and all of these guys," it's great to see your own kind. Now, beyond that, Sidney Poitier says "Yes, we are wrapped in that black package, but always remember to keep your artisticness (ph) out there, and then that's what they'll grab onto." And the reason that diversity works, because it makes everything great. I mean, when you watch Salma Hayek, and when she speaks about her, you know, culture, you feel great about that. You know, when you watch Morgan Freeman (UNINTELLIGIBLE), and everybody' sharing.

There was not one person watching this telecast that thought, why must you say "black" or why must you say "Hispanic?" Nobody cares. It's about that art.

O'BRIEN: What did you think about Chris rock?

FOXX: Chris Rock was great.

O'BRIEN: He was good, huh?

FOXX: Oh, he was great. I think the George Bush thing was like my favorite -- favorite thing. But he did a great job. And that's a tough gig because with so much that's going on TV. You know, they're very -- they were like, you can't say this, you can't say that.

O'BRIEN: Right.

FOXX: So I think he did a great job of moving it along and just being -- you know, being Chris Rock.

O'BRIEN: So what are you doing next? I mean, are like amazing scripts coming your way?

FOXX: I have great scripts.

O'BRIEN: You know, $20 million movies?

FOXX: I have a great -- well, I would hope $20 million. But we have a great script coming up called "Miami Vice."

O'BRIEN: Yes, I heard about that.

FOXX: And Michael Mann is directing, you know. I can't -- I'm looking forward to that.

And I'm also shooting a great film called "Jarhead" with Sam Mendes, also an Academy Award winner. So it's great things. And that responsibility that Sidney talked about...

O'BRIEN: Yes.

FOXX: ... if you can't find a movie that's right, I'll just do stand-up. And I haven't left stand-up. So I'll go on the road and do that for like six months until we find -- there may never be another "Ray Charles," but something that we can all feel good about.

O'BRIEN: You've got a lot on your plate. Congratulations to you.

FOXX: Thank you so much.

O'BRIEN: That's really amazing. Really wonderful.

FOXX: Thank you so much.

O'BRIEN: Good for you.

(END VIDEOTAPE)

HEMMER: Jamie Foxx this half-hour. Next half hour, "90-Second Pop" is in Hollywood, talking to Soledad, too, about last night's winners and losers. We'll get to that in about 30 minutes -- Carol.

COSTELLO: He is a cool guy.

HEMMER: Yes, he is. And extremely talented, too. Look for "Jarhead" to be a great movie, too. One of -- the beginning of a long line of films to come out of Hollywood regarding the Iraq war.

COSTELLO: Oh, I'm sure.

HEMMER: Yes.

COSTELLO: I'm sure.

They are supposed to ensure the safety of the medicine you take, but some FDA advisers, are they too cozy with drug companies? We'll take a closer look.

HEMMER: Also, put a billionaire together with a millionaire today. We'll explain what they consider the last great aviation record of our times. Sir Richard Branson and Steve Fossett are with us this hour as well.

COSTELLO: Both down to earth, humble guys.

And the Michael Jackson trial gets started. How do defense lawyers win without attacking a child accuser? Jeffrey Toobin tells us who's fair game.

That's next on AMERICAN MORNING.

(COMMERCIAL BREAK)

COSTELLO: The scene is set for the long-awaited day in the Michael Jackson child molestation trial. Opening statements are set to begin in just a couple of hours, and testimony could start as early as this afternoon.

CNN senior legal analyst Jeffrey Toobin joins me now from Santa Maria, California, in the midst of what will be madness.

Although I hear a lot of voices around you, Jeffrey.

JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: No, it's actually fairly quiet at this hour, Carol. But, you know, what's really striking to me is, I was here last year at the famous or infamous arraignment, when Michael Jackson danced on the hood of his car, on the roof of his car about 30 feet to my left here. What -- this place is locked down like no courthouse I have ever seen.

There are literally hundreds of feet of chain-link fence surrounding the courthouse. The court officials here are determined not to let anything get out of control. But it really does look like sort of an armed camp at the moment.

COSTELLO: Oh, I wish we could take a wider shot so we can see all of the cameras beside you. Count for us quickly, how many are there?

TOOBIN: Well, I would say there are about 30 that you can see now. But some of our colleagues have built big structures that they are going to have as sort of skyboxes to watch the festivities. And after all, all it is is a parking lot here. There's nothing much to see in the parking lot.

But this is the center of a tremendous amount of activity. And finally, after more than a year, the trial starts in about two hours.

COSTELLO: Well, let's talk about the opening statements, because they're more important than many believe.

TOOBIN: Absolutely. You know, the judges always instruct juries that opening statements are not evidence, you have to hear the evidence from the witnesses and the exhibits. But jurors, many people believe, actually listen to opening statements as if they are evidence. And that's the first they hear about the trial, so it's enormously important for both sides here to start -- to start putting their best foot forward as soon as they get up there.

COSTELLO: Oh, yes, first impressions mean a lot.

Jesse Jackson is weighing in on the makeup of the jury, no African-Americans on the panel. This is what he said, Jeffrey. He says, "Imagine another scenario. What if a Caucasian was on trial and accused of molesting black children and faced a jury composed of seven African-Americans, four Hispanics, one Asian and omitted whites? Would that not appear unfair and imbalance?" -- Jeffrey.

TOOBIN: Well, it is -- it is an odd situation here that Michael Jackson, one of the most famous African-Americans in the world, is on trial in front of an all-white or all-non-African-American jury. However, you know, Santa Maria, where we are here, is 1.9 percent African-American. The jury pool was less than 10 percent African- American.

So, you know, this a cross-section of the community. It is not...

COSTELLO: Yes, but, Jeffrey, does Jesse Jackson weighing in matter with the jury?

TOOBIN: I doubt it. I don't think they're going to pay a lot of attention. You know, one of the interesting things about this trial is there has not been a great racial component to it yet. I mean, the O.J. Simpson case, which is the obvious in comparison here, there was a racial dimension from the very beginning after the trial was moved from Santa Monica to central Los Angeles. Here, this has not had a big racial component yet. But we shall see.

I mean, this is sort of the first salvo, Jesse Jackson getting involved. But I don't know if there will be anything more after that.

COSTELLO: Jeffrey Toobin live in California this morning. Thank you.

TOOBIN: OK.

HEMMER: Carol, in a moment here, the father of a missing Florida girl says he is positive she has been kidnapped. Police, however, aren't so sure. A closer look, we'll take you live to Florida as we continue in a moment here on AMERICAN MORNING.

(COMMERCIAL BREAK)

Back to Jack, "Question of the Day."

CAFFERTY: Thank you, Bill.

As Dan Rather's long career as the anchor of the "CBS Evening News" winds down, some very well-known colleagues at CBS News are trashing him in an article by Ken Auletta in the "New Yorker" Magazine. Walter Cronkite, who actually recommended Rather as his replacement, calls Rather's style showboating.

Mike Wallace says Rather is "uptight and occasionally contrived." Even "60 Minutes" creator Don Hewitt says he prefers watching Peter Jennings to Dan Rather.

This is the farewell that Rather gets after 24 years as the anchor of the "CBS Evening News." With friends like these, who needs enemies?

The question is, is it appropriate for these people to be carping about Dan Rather when he's less than two weeks away from his final broadcast?

Liz in Chagrin Falls, Ohio, writes, "Yes, a newsman's first duty is to tell the truth. Dan didn't. His colleagues must show they get it."

Edward in Ottawa, "Isn't the standard retirement sendoff a gold watch and a handshake? Rather's colleagues crossed the line. Rather should go to the press and retaliate with staff Christmas party stories. If he doesn't have anything juicy, just make them up. He's good at that sort of thing."

Al in Fort Wayne, Indiana, "For members of the old Tiffany Network to stoop to this level further trashes the reputation of what used to be one of the finest news organizations in the world. I'm most disappointed by Walter Cronkite's remarks. What Would Edward R. Murrow say?"

And Marcus writes from Kofu, Japan, "I'm getting a little tired of the media reporting on the media. You guys are not that fascinating, you know?"

COSTELLO: That's probably the truest statement right there.

HEMMER: Got a point. Right. Thank you, Jack.

CAFFERTY: You're welcome.

HEMMER: Back in a moment. Hollywood's biggest night of the year in the books now. Soledad was there to take it all in.

(BEGIN VIDEOTAPE)

O'BRIEN (voice-over): Ahead on "90-Second Pop," "Million Dollar Baby" knocks out the competition. Jamie Foxx cries in his acceptance speech. And Chris Rock, did he rock or flop? Our "90-Second Pop" panel weighs in the morning after the Oscars.

(END VIDEOTAPE)

(COMMERCIAL BREAK)