Return to Transcripts main page
CNN Live At Daybreak
Day Three of the Jackson Trial; Search Still on for Jessica Lunsford
Aired March 02, 2005 - 05:00 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.
CAROL COSTELLO, CNN ANCHOR: Straight ahead on DAYBREAK, without a trace -- the search still on for Jessica Lunsford. But searchers have no clues and no leads.
Plus, don't believe the hype. The snow fell, the snowplows were out, but did your local weatherman overdo it?
And close the gates. The massive art work is being wrapped up, but not without some last minute chuckles.
It is Wednesday, March 2.
This is DAYBREAK.
And good morning to you.
From the Time Warner Center in New York, I'm Carol Costello, along with Chad Myers.
Now in the news, a vote on Social Security changes sought by President Bush may not come before next year. Senate Majority Leader Bill Frist says it's too early to tell if it will come to the Senate floor. House Majority Leader Tom DeLay says legislators against the changes are better organized than proponents.
The Supreme Court is ready to take on the Ten Commandments. Justices will hear two cases on whether displaying the Commandments on government property violates the separation of church and state.
All ears on Greenspan today. Federal Reserve Chairman Alan Greenspan goes before the House Budget Committee in five hours to give an economic outlook report.
And two car bombs in Iraq to tell you about this morning. The first in central Baghdad near an Iraqi recruiting center killed six soldiers. About two hours later, another bomb attack targets an Iraqi military convoy. That explosion killed seven people.
To the forecast center now and Chad -- good morning.
CHAD MYERS, CNN METEOROLOGIST: Good morning, Carol.
(WEATHER REPORT)
COSTELLO: From smiles to tears, the Michael Jackson trial has it all. Today is day three. The first witness up today, a media crisis manager who helped Jackson face the fallout from a controversial documentary. The jury saw that same documentary on Tuesday.
And as CNN's Ted Rowlands reports, it was an emotional day in court.
(BEGIN VIDEO TAPE)
TED ROWLANDS, CNN CORRESPONDENT (voice-over): According to observers, Michael Jackson wept in court while watching video of himself dangling his infant son over a hotel balcony in Germany.
MICHAEL CARDOZA, LEGAL ANALYST: He reached for tissue paper, dabbed his eyes, dabbed his nose a number of times. That went on for about 10 minutes. So he had very much of an emotional reaction.
ROWLANDS: Jurors were shown the British documentary "Living With Michael Jackson." This is a version shown in the United States on ABC. Jurors saw a slightly different version, aired in Europe.
While Jackson may have wept during some of the documentary, at the beginning of it, he seemed upbeat, moving back and forth in his chair to his music.
UNIDENTIFIED MALE: "Thriller" -- he moved, he nodded, he bopped. "Billie Jean" -- he moved, he nodded, he seemed enthralled and somewhat disconnected with the fact that he's on trial for a very, very serious, serious crime.
ROWLANDS: The first prosecution witness was Martin Bashir, who produced the documentary. In a contentious exchange during cross- examination, Bashir refused to answer a number of questions from Jackson's attorney, Thomas Mesereau, citing the California shield law, which gives journalists the right not to answer certain questions.
Before the documentary was played, the defense finished opening statements. Defense attorney Thomas Mesereau told jurors that investigators couldn't find any of the victim's DNA in Jackson's room at his Neverland Ranch, saying that proves there was no abuse.
Michael Jackson had this to say when leaving the courthouse after reporters asked him how are you feeling?
MICHAEL JACKSON, DEFENDANT: I'm angry.
ROWLANDS (on camera): At one point today, Jackson's lawyer, Thomas Mesereau, seemed to indicate to the jury that Michael Jackson will take the stand. He said: "Michael Jackson will tell you he had a bad feeling" while talking about the victim and his family. Legal analysts say clearly whether or not Jackson takes the stand will be a decision made very late in the case.
Ted Rowlands, CNN, Santa Maria, California.
(END VIDEO TAPE)
COSTELLO: There are others out there asking the question -- is Michael Jackson getting a fair trial? A leading civil rights activist is saying no. Earlier, we told you the Reverend Jesse Jackson issued a statement criticizing the racial makeup of the jury.
Now, he's speaking out.
(BEGIN VIDEO CLIP)
REV. JESSE JACKSON, CIVIL RIGHTS ACTIVIST: A jury of 12, to have your fate in their hands, should be a jury of peers. In this case, it should be a diverse jury, inclusive of African-Americans. And it is not. And that is a concession, I feel, that Michael's attorneys should not have made.
(END VIDEO CLIP)
COSTELLO: Most of the jurors are white. There are also several Latinos and an Asian-American.
For some people, the arrest of the alleged BTK serial killer means a sense of closure. For others, it just leads to more questions. Dennis Rader was charged with 10 counts of murder in his first court appearance in Wichita, Kansas. You see it here.
One local man has wondered for years whether his wife, killed back in 1977, was another BTK victim. That case remains unsolved. And Larry Sorensen says he's growing more and more frustrated.
He talked to our Paula Zahn.
(BEGIN VIDEO CLIP)
LARRY SORENSEN, WIFE WAS MURDERED: After 28 years and a number of different leads that haven't worked out -- some came very close. We -- in fact, a couple of times we really thought, and just in the last few years, thought that it may come to closure. But it didn't work out.
So it's, you know, it's kind of hard to get your hopes up time after time, you know, only to have them dashed again after nearly 30 years.
(END VIDEO CLIP)
COSTELLO: Police are investigating whether Rader is linked to any other unsolved killings.
There is a new development this morning in a grizzly murder case out of Chicago. Police are probing the shooting deaths of the husband and mother of a federal judge, Joan Lefkow. Now, the "Chicago Sun- Times" is reporting police are looking into a series of suspicious phone calls made to the judge's home before the killings. Sources tell the paper the calls came from a prison facility. They say police are focusing on the same prison where white supremacist Matt Hale is being held. Hale was convicted in 2004 of trying to arrange Lefkow's murder. Hale's father says his son had nothing to do with the recent shootings.
More than 70 juvenile killers nationwide are being spared the death penalty. The Supreme Court has ruled murderers under the age of 18 at the time of the crime cannot be executed. This brings the U.S. in line with the vast majority of other countries. But it also opens old wounds for the families of some victims.
CNN's Jeanne Meserve has more.
(BEGIN VIDEO TAPE)
UNIDENTIFIED MALE: You were convicted of capital murder and sentenced to death.
JEANNE MESERVE, CNN CORRESPONDENT (voice-over): Texas courts said Michael Anthony Lopez should die for his crimes.
UNIDENTIFIED MALE: I just asked for a fair trial.
MESERVE: Now, a U.S. Supreme Court decision mean she will not, because he was only 17 when he murdered another young man.
Janet and Bill Green find it hard to stomach.
BILL GREEN, FATHER OF MURDERED OFFICER: Our son was just 25 years old. Each day that Michael Lopez draws a breath of fresh air is a breath of fresh air that our son will not be able to breath. Each sunup, sundown that he sees is one that our son will not be able to see.
MESERVE: The man they raised as their son, Michael Eakin. In 1998, he was a deputy constable in Harris County, Texas. The 17-year- old Lopez, high on paint thinner, shot and killed him during a traffic stop.
JANET GREEN, MOTHER OF MURDERED OFFICER: In fact, this sort of decision today just brings it back full tilt and reminds us of the loss.
MESERVE: And despite anything the Supreme Court says, Bill Green wants Lopez executed.
B. GREEN: Personally, I would do it in a second. Should the executioner that day be sick or ill and if anybody was called by a show of hands that would like to volunteer, I'd do it in a second.
MESERVE: When Michael Anthony Lopez was sentenced to die, his family wept. Now that he will live, one of his lawyers expresses thanks. Stanley Schneider says: "It is a long time coming. It brings the U.S., and Texas especially, in line with the rest of the world."
But for Janet and Bill Green, this isn't about international norms or even the future of Michael Lopez. It is about another young man whose future was lost.
Jean Meserve, CNN, Washington.
(END VIDEO TAPE) COSTELLO: In other "News Across America" this morning, a so- called judge spent several hours questioning jurors from the Christopher Pittman trial. The defense may ask for a new trial based on its claim of jury misconduct. They say one of the jurors talked about the case in a bar the night before deliberations began. fifteen-year-old Christopher Pittman was convicted two weeks ago of murdering his grandparents.
The grandson of golfing great Jack Nicklaus died shortly after being found in a hot tub. Seventeen-month-old Jake is the son of Steve Nicklaus. The boy had been playing in the hot tub with his brother and nanny. But when they left the area, he got back into the water. No charges have been filed.
Here's a strange story. Two inmates at a Tennessee prison escaped from this cell, but returned several hours later. One of them, an accused murderer, may have visited his ex-wife. She's now under arrest, as well. The inmates also smuggled in tobacco and a cell phone.
A former police chief in Ohio received a suspended sentence for paddling teenaged traffic offenders. There you see the videotape of one of the instances. It was shown to the jury.
James Martin paddled the teenagers with their parents' permission as part of a diversion program.
(BEGIN VIDEO CLIP)
JAMES MARTIN, FORMER TOWNSHIP POLICE CHIEF: I believe it's biblical. I believe there's a place for it. And if more parents, I think, were using that on their own kids, there wouldn't be a need for other people like law enforcement officers to get involved.
(END VIDEO CLIP)
COSTELLO: Martin could have been sentenced to more than seven years in prison, but instead he got a nine month suspended sentence.
You've heard of road rage. How about weather rage, where you bust your backside to prepare for that major snowstorm and it turns out it isn't all that bad. We'll tell you more about this at 19 minutes after.
And sometimes it walks like a duck and quacks like a duck, but guess what? It isn't a duck. We'll explain what happens when P.R. masquerades as news at 45 minutes past.
But first, here's a look at what else is making news this Wednesday morning.
(COMMERCIAL BREAK)
(STOCK MARKET REPORT)
COSTELLO: Your news, money, weather and sports. It's 5:15 Eastern.
Here's what's all new this morning.
The search resumes at dawn for 9-year-old Jessica Lunsford. The Florida girl has been missing for a week from her home. Search and rescue teams are now using bloodhounds.
High over South Asia, that's where millionaire adventurer Steve Fossett is right now. He's trying to become the first person to fly a plane around the globe by himself nonstop. He's more than a quarter of the way there.
In money news, Carly Fiorina may be in line to lead the World Bank. The Bush administration says the former Hewlett-Packard CEO is a strong candidate for the post. The "New York Times" reports that Deputy Defense Secretary Paul Wolfowitz also could be considered.
In culture, the last Star Wars trailer is coming to the O.C. The trailer for episode 3, "Revenge of the Sith," will debut on the Fox show March 10. The trailer will not be seen in theaters until the next day.
In sports, former All Star center Alonzo Mourning is back with Miami. He finally received medical clearance that will allow him to become Shaquille O'Neal's backup with "The Heat." Mourning played in Miami from '95 to 2002.
To the forecast center and Chad.
MYERS: Good morning, Carol.
(WEATHER REPORT)
COSTELLO: Chad, stick around, OK? Because we want to talk about the weather a little more.
MYERS: Yes?
COSTELLO: OK. I will be the first to say that you hit it right on about the nor'easter in the Northeast. But, not all meteorologists got it right and that made a lot of people mad in Washington, D.C. We're going to get to that in a second.
MYERS: OK.
COSTELLO: But first, a cautionary tale out of Moscow, Russia. Listen to this. Some people are so angry about inaccurate forecasts, the mayor is thinking of fining meteorologists.
MYERS: OK. There you go.
COSTELLO: OK. There, yes...
MYERS: That would be good. You know what? They could fine them when they're wrong and pay them when they're right. How about that?
COSTELLO: Well, you've got a point there. And I think a Russian meteorologist agrees with you.
But let's go to Moscow to find out more.
Ryan Chilcote is there -- Ryan, really?
RYAN CHILCOTE, CNN CORRESPONDENT: Indeed. In fact, really no surprises here, at least as far as the weathermen are concerned, because they say that Moscow's mayor has been passionate about the weather for a really long time. In fact, he may be the only mayor in the world that actually has a fleet of cloud seeding planes. These are planes he can send up into the skies on holidays here in Moscow to gather -- to scatter the rain clouds so that it doesn't, if I might use a pun, so it doesn't rain on his parade.
So no one particularly surprised about this proposal to fine the weathermen. Interestingly, he -- the weathermen say they are willing to be fined, as your colleague there said, as long as they get bonuses when they get it right. And they think that they get it right more often than they get it wrong, they think, maybe in predicting the next day's weather, something like 90 percent of the time. So they think they may even actually be able to make some money out of this.
COSTELLO: Let's go back to the initial idea here, though. The mayor wants to fine meteorologists for forecasts they get wrong.
How much money is he talking about?
CHILCOTE: Well, that's all part of the negotiation. The city of Moscow right now is negotiating with a city funded weather service the new contract. And what the mayor of Moscow is saying is look, we're paying you for a product, we're funding your work, so we should get quality. And when we don't get quality, there should be some kind of financial compensation.
So as far as he is concerned, this is market politics and he wants to see a quality product.
COSTELLO: I guess you can understand that.
But, Chad, join in here.
MYERS: It sounds like a free market economy.
COSTELLO: A free market economy.
MYERS: Wow!
COSTELLO: It sounds like -- it's hard to predict the weather exactly right, though. Come on.
MYERS: Well, it's all about the computers, Carol. We talked about this and we're going to go through the Washington, D.C. forecast. Now, the forecasters, they were predicting an awful lot of snow and it just didn't come. It ended up in Virginia and not in Maryland and not in the District. And so, you know, it happens. Some forecasts are good, some forecasts are bad.
COSTELLO: Well, let's talk more about what happened in Washington, because in Washington the local media started hyping this big nor'easter on Sunday. So, they closed schools Sunday night. Schools were closed Monday and Tuesday.
MYERS: Correct.
COSTELLO: D.C. got, what, an inch and a half?
CHILCOTE: Great.
MYERS: Thanks a lot.
Thank you, Ryan.
COSTELLO: Yes, bye, Ryan.
MYERS: I hear him on that...
COSTELLO: Sorry about that.
But D.C. got around an inch and a half. Out in Roanoke, Virginia, they got more.
MYERS: Yes.
COSTELLO: And they're still having trouble there. But in Washington, they closed the schools.
MYERS: Yes.
COSTELLO: Parents have to...
MYERS: Here, I'm going off the screen.
Hold on.
COSTELLO: ... make arrangements for their kids. People are really angry at the weather people there.
MYERS: Officially, D.C. picked up 2.5. And I went back -- I knew you were going to do this story yesterday, so I went back and I printed out all the computer models, all the forecasts for Washington, D.C. that started on Sunday night. No way should we have canceled school on Monday because we knew it wasn't going to start until Monday afternoon or even Monday night. But maybe we could have done an early out.
The school administrators wanted to be safe. You don't want to send kids out there on the school bus and get somebody hurt when you already know snow is coming. 2.5 in D.C. But 5.0 in Vienna and 5.5 in Reston. Now, the forecasts that I see here -- I went back and printed them all out, literally. There they all are, all these numbers here. 5.5 inches should have been the max forecast for Washington, D.C.
I don't know what the forecast people there said or what some of the news directors made the weather guys say.
COSTELLO: OK.
MYERS: That's part of the problem.
COSTELLO: OK, well let me interrupt you for just a second because I have a quote from the "Washington Post" from Topper Shuff. He's a weather guy at Channel 9 in Washington. This is what he said about the forecast. He says: "We, as in weather people, often can't control what the newsroom does with our information. If we covered the story, we would probably cover it differently as weather people, but they, reporters, are looking for a different effect. They say let's go and jump on something."
And by that he means, you know, the reporters go out to the Home Depot and they stand there and they say oh my gosh, the shovels are flying off the shelves. They go to the grocery store and they say people are buying toilet paper and bread in case, you know, it snows so much that people go hungry. That's what he's talking about.
He says weather people don't hype it, news people do.
MYERS: Well, and news directors in a -- I've been in this business now 18 years. I've been to a lot of news director meetings where they say what's the forecast going to be? One to three. Oh, well, the other channel says seven to 10, so we'd better -- you'd better raise your numbers. But then, you know, why should I raise my numbers if I think one to three is correct? So...
COSTELLO: Exactly.
MYERS: Right.
COSTELLO: Actually, that does...
MYERS: And guess what? It was sweeps.
COSTELLO: I know, see?
MYERS: It was ratings month, too. So, you've got to get the ratings.
COSTELLO: Exactly right.
Actually, that brings us to out DAYBREAK E-Mail Question of the Morning. Would forecast fines be fair? If the weather guy or weather gal gets it wrong, should they be fined?
MYERS: In Moscow or here? COSTELLO: Here.
MYERS: Oh. In Moscow maybe they can fine them a bottle of Stoli or something, but I don't know about here.
COSTELLO: Chad?
MYERS: Yes?
COSTELLO: Chad Everett Myers? Anyway, let us know what you think about our E-mail Question of the Day -- daybreak@cnn.com. That's daybreak@cnn.com.
It's a story straight out of Hollywood. Just ahead, a lobster escapes his destiny as someone's dinner and makes it to the big time.
You are watching DAYBREAK for a Wednesday.
(COMMERCIAL BREAK)
COSTELLO: Chad, I know we just beat up on you a lot, being a weather forecaster.
MYERS: Sure. That's OK.
COSTELLO: So I'm hoping you'll join me in some "Late Night Laughs."
MYERS: I hear David Letterman had the list, THE list last night.
COSTELLO: That's true, because, you know, everybody knows that, you know, our bosses are trying to make some changes to CNN so our ratings shoot skyward.
But David Letterman has it down.
Here's his Top Ten List of things to do with CNN.
(BEGIN VIDEO CLIP FROM "THE LATE SHOW WITH DAVID LETTERMAN, COURTESY CBS/WORLDWIDE PANTS)
DAVID LETTERMAN, HOST: Number 10, Wolf Blitzer changing his name to Blitz Wolfer. What?
Number nine, when covering a hard story, reporters ask: "What would Jack Daniels do?"
Number eight, every Sunday it's a "WKRP In Cincinnati" marathon.
Number seven, reporters must make quotation marks with fingers when calling Bush president.
Number six, they're putting Lou Dobbs on steroids.
Number five, every night, one lucky viewer receives an on-air physical from Dr. Sanjay Gupta. Number four, the last 10 minutes of newscasts, anchors sing hits from the '70s, '80s, '90s and today.
Number three, let's just say Paula Zahn is now Paul Zahn. What?
Number two, changing name to CNNN.
And the number one change at CNN, an interactive feature allows viewers to administer painful electric shock to Larry King.
(END VIDEO CLIP)
MYERS: That's almost like fining the weather guy, it's fining Larry King.
COSTELLO: My favorite was the free physical from Dr. Sanjay Gupta.
MYERS: Sanjay Gupta.
Hey, we didn't get picked on. That's a good thing.
COSTELLO: That is a good thing.
Time for our DAYBREAK "Eye-Opener."
Fears over a possible butter shortage caused owners of this giant lobster to send it to the zoo. Actually, the 22-pound lobster was saved from the plate after pleas from customers and animal lovers. So the fish market gave Bubba the Lobster to the Pittsburgh Zoo and Aquarium. But it's likely the 34-year-old crustacean will instead end up in a Ripley's Believe It Or Not museum. And that is the truth.
Things got pretty ugly in a minor league hockey game last night in Manchester, New Hampshire. Players and fans alike donned mullet wigs for the Manchester Monarchs' final mullet night. Mullet Hall of Famers Patrick Swayze and Randy Johnson joined the celebrated via satellite. Unfortunately, Manchester lost the game.
And finally, a world record breaking concert in Kenya. A group of 10 drummers beat the skins constantly for 100 hours, to establish a possible record. You just know they were worn out. But there were no Guinness people on hand to verify the event.
Oh, that's a look at our DAYBREAK "Eye Openers" this morning.
Here's what's all new in the next half hour of DAYBREAK.
Is he going to terminate your lunch break? The California governor's office takes a stand on time off and labor unions cry foul. We'll fill you in.
And a reminder, our E-mail Question of the Morning -- would forecasting fines be fair? If your weatherman gets it completely wrong, should he or she be fined? E-mail us at daybreak@cnn.com. That's daybreak@cnn.com. (COMMERCIAL BREAK)
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 March 2, 2005 - 05:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Straight ahead on DAYBREAK, without a trace -- the search still on for Jessica Lunsford. But searchers have no clues and no leads.
Plus, don't believe the hype. The snow fell, the snowplows were out, but did your local weatherman overdo it?
And close the gates. The massive art work is being wrapped up, but not without some last minute chuckles.
It is Wednesday, March 2.
This is DAYBREAK.
And good morning to you.
From the Time Warner Center in New York, I'm Carol Costello, along with Chad Myers.
Now in the news, a vote on Social Security changes sought by President Bush may not come before next year. Senate Majority Leader Bill Frist says it's too early to tell if it will come to the Senate floor. House Majority Leader Tom DeLay says legislators against the changes are better organized than proponents.
The Supreme Court is ready to take on the Ten Commandments. Justices will hear two cases on whether displaying the Commandments on government property violates the separation of church and state.
All ears on Greenspan today. Federal Reserve Chairman Alan Greenspan goes before the House Budget Committee in five hours to give an economic outlook report.
And two car bombs in Iraq to tell you about this morning. The first in central Baghdad near an Iraqi recruiting center killed six soldiers. About two hours later, another bomb attack targets an Iraqi military convoy. That explosion killed seven people.
To the forecast center now and Chad -- good morning.
CHAD MYERS, CNN METEOROLOGIST: Good morning, Carol.
(WEATHER REPORT)
COSTELLO: From smiles to tears, the Michael Jackson trial has it all. Today is day three. The first witness up today, a media crisis manager who helped Jackson face the fallout from a controversial documentary. The jury saw that same documentary on Tuesday.
And as CNN's Ted Rowlands reports, it was an emotional day in court.
(BEGIN VIDEO TAPE)
TED ROWLANDS, CNN CORRESPONDENT (voice-over): According to observers, Michael Jackson wept in court while watching video of himself dangling his infant son over a hotel balcony in Germany.
MICHAEL CARDOZA, LEGAL ANALYST: He reached for tissue paper, dabbed his eyes, dabbed his nose a number of times. That went on for about 10 minutes. So he had very much of an emotional reaction.
ROWLANDS: Jurors were shown the British documentary "Living With Michael Jackson." This is a version shown in the United States on ABC. Jurors saw a slightly different version, aired in Europe.
While Jackson may have wept during some of the documentary, at the beginning of it, he seemed upbeat, moving back and forth in his chair to his music.
UNIDENTIFIED MALE: "Thriller" -- he moved, he nodded, he bopped. "Billie Jean" -- he moved, he nodded, he seemed enthralled and somewhat disconnected with the fact that he's on trial for a very, very serious, serious crime.
ROWLANDS: The first prosecution witness was Martin Bashir, who produced the documentary. In a contentious exchange during cross- examination, Bashir refused to answer a number of questions from Jackson's attorney, Thomas Mesereau, citing the California shield law, which gives journalists the right not to answer certain questions.
Before the documentary was played, the defense finished opening statements. Defense attorney Thomas Mesereau told jurors that investigators couldn't find any of the victim's DNA in Jackson's room at his Neverland Ranch, saying that proves there was no abuse.
Michael Jackson had this to say when leaving the courthouse after reporters asked him how are you feeling?
MICHAEL JACKSON, DEFENDANT: I'm angry.
ROWLANDS (on camera): At one point today, Jackson's lawyer, Thomas Mesereau, seemed to indicate to the jury that Michael Jackson will take the stand. He said: "Michael Jackson will tell you he had a bad feeling" while talking about the victim and his family. Legal analysts say clearly whether or not Jackson takes the stand will be a decision made very late in the case.
Ted Rowlands, CNN, Santa Maria, California.
(END VIDEO TAPE)
COSTELLO: There are others out there asking the question -- is Michael Jackson getting a fair trial? A leading civil rights activist is saying no. Earlier, we told you the Reverend Jesse Jackson issued a statement criticizing the racial makeup of the jury.
Now, he's speaking out.
(BEGIN VIDEO CLIP)
REV. JESSE JACKSON, CIVIL RIGHTS ACTIVIST: A jury of 12, to have your fate in their hands, should be a jury of peers. In this case, it should be a diverse jury, inclusive of African-Americans. And it is not. And that is a concession, I feel, that Michael's attorneys should not have made.
(END VIDEO CLIP)
COSTELLO: Most of the jurors are white. There are also several Latinos and an Asian-American.
For some people, the arrest of the alleged BTK serial killer means a sense of closure. For others, it just leads to more questions. Dennis Rader was charged with 10 counts of murder in his first court appearance in Wichita, Kansas. You see it here.
One local man has wondered for years whether his wife, killed back in 1977, was another BTK victim. That case remains unsolved. And Larry Sorensen says he's growing more and more frustrated.
He talked to our Paula Zahn.
(BEGIN VIDEO CLIP)
LARRY SORENSEN, WIFE WAS MURDERED: After 28 years and a number of different leads that haven't worked out -- some came very close. We -- in fact, a couple of times we really thought, and just in the last few years, thought that it may come to closure. But it didn't work out.
So it's, you know, it's kind of hard to get your hopes up time after time, you know, only to have them dashed again after nearly 30 years.
(END VIDEO CLIP)
COSTELLO: Police are investigating whether Rader is linked to any other unsolved killings.
There is a new development this morning in a grizzly murder case out of Chicago. Police are probing the shooting deaths of the husband and mother of a federal judge, Joan Lefkow. Now, the "Chicago Sun- Times" is reporting police are looking into a series of suspicious phone calls made to the judge's home before the killings. Sources tell the paper the calls came from a prison facility. They say police are focusing on the same prison where white supremacist Matt Hale is being held. Hale was convicted in 2004 of trying to arrange Lefkow's murder. Hale's father says his son had nothing to do with the recent shootings.
More than 70 juvenile killers nationwide are being spared the death penalty. The Supreme Court has ruled murderers under the age of 18 at the time of the crime cannot be executed. This brings the U.S. in line with the vast majority of other countries. But it also opens old wounds for the families of some victims.
CNN's Jeanne Meserve has more.
(BEGIN VIDEO TAPE)
UNIDENTIFIED MALE: You were convicted of capital murder and sentenced to death.
JEANNE MESERVE, CNN CORRESPONDENT (voice-over): Texas courts said Michael Anthony Lopez should die for his crimes.
UNIDENTIFIED MALE: I just asked for a fair trial.
MESERVE: Now, a U.S. Supreme Court decision mean she will not, because he was only 17 when he murdered another young man.
Janet and Bill Green find it hard to stomach.
BILL GREEN, FATHER OF MURDERED OFFICER: Our son was just 25 years old. Each day that Michael Lopez draws a breath of fresh air is a breath of fresh air that our son will not be able to breath. Each sunup, sundown that he sees is one that our son will not be able to see.
MESERVE: The man they raised as their son, Michael Eakin. In 1998, he was a deputy constable in Harris County, Texas. The 17-year- old Lopez, high on paint thinner, shot and killed him during a traffic stop.
JANET GREEN, MOTHER OF MURDERED OFFICER: In fact, this sort of decision today just brings it back full tilt and reminds us of the loss.
MESERVE: And despite anything the Supreme Court says, Bill Green wants Lopez executed.
B. GREEN: Personally, I would do it in a second. Should the executioner that day be sick or ill and if anybody was called by a show of hands that would like to volunteer, I'd do it in a second.
MESERVE: When Michael Anthony Lopez was sentenced to die, his family wept. Now that he will live, one of his lawyers expresses thanks. Stanley Schneider says: "It is a long time coming. It brings the U.S., and Texas especially, in line with the rest of the world."
But for Janet and Bill Green, this isn't about international norms or even the future of Michael Lopez. It is about another young man whose future was lost.
Jean Meserve, CNN, Washington.
(END VIDEO TAPE) COSTELLO: In other "News Across America" this morning, a so- called judge spent several hours questioning jurors from the Christopher Pittman trial. The defense may ask for a new trial based on its claim of jury misconduct. They say one of the jurors talked about the case in a bar the night before deliberations began. fifteen-year-old Christopher Pittman was convicted two weeks ago of murdering his grandparents.
The grandson of golfing great Jack Nicklaus died shortly after being found in a hot tub. Seventeen-month-old Jake is the son of Steve Nicklaus. The boy had been playing in the hot tub with his brother and nanny. But when they left the area, he got back into the water. No charges have been filed.
Here's a strange story. Two inmates at a Tennessee prison escaped from this cell, but returned several hours later. One of them, an accused murderer, may have visited his ex-wife. She's now under arrest, as well. The inmates also smuggled in tobacco and a cell phone.
A former police chief in Ohio received a suspended sentence for paddling teenaged traffic offenders. There you see the videotape of one of the instances. It was shown to the jury.
James Martin paddled the teenagers with their parents' permission as part of a diversion program.
(BEGIN VIDEO CLIP)
JAMES MARTIN, FORMER TOWNSHIP POLICE CHIEF: I believe it's biblical. I believe there's a place for it. And if more parents, I think, were using that on their own kids, there wouldn't be a need for other people like law enforcement officers to get involved.
(END VIDEO CLIP)
COSTELLO: Martin could have been sentenced to more than seven years in prison, but instead he got a nine month suspended sentence.
You've heard of road rage. How about weather rage, where you bust your backside to prepare for that major snowstorm and it turns out it isn't all that bad. We'll tell you more about this at 19 minutes after.
And sometimes it walks like a duck and quacks like a duck, but guess what? It isn't a duck. We'll explain what happens when P.R. masquerades as news at 45 minutes past.
But first, here's a look at what else is making news this Wednesday morning.
(COMMERCIAL BREAK)
(STOCK MARKET REPORT)
COSTELLO: Your news, money, weather and sports. It's 5:15 Eastern.
Here's what's all new this morning.
The search resumes at dawn for 9-year-old Jessica Lunsford. The Florida girl has been missing for a week from her home. Search and rescue teams are now using bloodhounds.
High over South Asia, that's where millionaire adventurer Steve Fossett is right now. He's trying to become the first person to fly a plane around the globe by himself nonstop. He's more than a quarter of the way there.
In money news, Carly Fiorina may be in line to lead the World Bank. The Bush administration says the former Hewlett-Packard CEO is a strong candidate for the post. The "New York Times" reports that Deputy Defense Secretary Paul Wolfowitz also could be considered.
In culture, the last Star Wars trailer is coming to the O.C. The trailer for episode 3, "Revenge of the Sith," will debut on the Fox show March 10. The trailer will not be seen in theaters until the next day.
In sports, former All Star center Alonzo Mourning is back with Miami. He finally received medical clearance that will allow him to become Shaquille O'Neal's backup with "The Heat." Mourning played in Miami from '95 to 2002.
To the forecast center and Chad.
MYERS: Good morning, Carol.
(WEATHER REPORT)
COSTELLO: Chad, stick around, OK? Because we want to talk about the weather a little more.
MYERS: Yes?
COSTELLO: OK. I will be the first to say that you hit it right on about the nor'easter in the Northeast. But, not all meteorologists got it right and that made a lot of people mad in Washington, D.C. We're going to get to that in a second.
MYERS: OK.
COSTELLO: But first, a cautionary tale out of Moscow, Russia. Listen to this. Some people are so angry about inaccurate forecasts, the mayor is thinking of fining meteorologists.
MYERS: OK. There you go.
COSTELLO: OK. There, yes...
MYERS: That would be good. You know what? They could fine them when they're wrong and pay them when they're right. How about that?
COSTELLO: Well, you've got a point there. And I think a Russian meteorologist agrees with you.
But let's go to Moscow to find out more.
Ryan Chilcote is there -- Ryan, really?
RYAN CHILCOTE, CNN CORRESPONDENT: Indeed. In fact, really no surprises here, at least as far as the weathermen are concerned, because they say that Moscow's mayor has been passionate about the weather for a really long time. In fact, he may be the only mayor in the world that actually has a fleet of cloud seeding planes. These are planes he can send up into the skies on holidays here in Moscow to gather -- to scatter the rain clouds so that it doesn't, if I might use a pun, so it doesn't rain on his parade.
So no one particularly surprised about this proposal to fine the weathermen. Interestingly, he -- the weathermen say they are willing to be fined, as your colleague there said, as long as they get bonuses when they get it right. And they think that they get it right more often than they get it wrong, they think, maybe in predicting the next day's weather, something like 90 percent of the time. So they think they may even actually be able to make some money out of this.
COSTELLO: Let's go back to the initial idea here, though. The mayor wants to fine meteorologists for forecasts they get wrong.
How much money is he talking about?
CHILCOTE: Well, that's all part of the negotiation. The city of Moscow right now is negotiating with a city funded weather service the new contract. And what the mayor of Moscow is saying is look, we're paying you for a product, we're funding your work, so we should get quality. And when we don't get quality, there should be some kind of financial compensation.
So as far as he is concerned, this is market politics and he wants to see a quality product.
COSTELLO: I guess you can understand that.
But, Chad, join in here.
MYERS: It sounds like a free market economy.
COSTELLO: A free market economy.
MYERS: Wow!
COSTELLO: It sounds like -- it's hard to predict the weather exactly right, though. Come on.
MYERS: Well, it's all about the computers, Carol. We talked about this and we're going to go through the Washington, D.C. forecast. Now, the forecasters, they were predicting an awful lot of snow and it just didn't come. It ended up in Virginia and not in Maryland and not in the District. And so, you know, it happens. Some forecasts are good, some forecasts are bad.
COSTELLO: Well, let's talk more about what happened in Washington, because in Washington the local media started hyping this big nor'easter on Sunday. So, they closed schools Sunday night. Schools were closed Monday and Tuesday.
MYERS: Correct.
COSTELLO: D.C. got, what, an inch and a half?
CHILCOTE: Great.
MYERS: Thanks a lot.
Thank you, Ryan.
COSTELLO: Yes, bye, Ryan.
MYERS: I hear him on that...
COSTELLO: Sorry about that.
But D.C. got around an inch and a half. Out in Roanoke, Virginia, they got more.
MYERS: Yes.
COSTELLO: And they're still having trouble there. But in Washington, they closed the schools.
MYERS: Yes.
COSTELLO: Parents have to...
MYERS: Here, I'm going off the screen.
Hold on.
COSTELLO: ... make arrangements for their kids. People are really angry at the weather people there.
MYERS: Officially, D.C. picked up 2.5. And I went back -- I knew you were going to do this story yesterday, so I went back and I printed out all the computer models, all the forecasts for Washington, D.C. that started on Sunday night. No way should we have canceled school on Monday because we knew it wasn't going to start until Monday afternoon or even Monday night. But maybe we could have done an early out.
The school administrators wanted to be safe. You don't want to send kids out there on the school bus and get somebody hurt when you already know snow is coming. 2.5 in D.C. But 5.0 in Vienna and 5.5 in Reston. Now, the forecasts that I see here -- I went back and printed them all out, literally. There they all are, all these numbers here. 5.5 inches should have been the max forecast for Washington, D.C.
I don't know what the forecast people there said or what some of the news directors made the weather guys say.
COSTELLO: OK.
MYERS: That's part of the problem.
COSTELLO: OK, well let me interrupt you for just a second because I have a quote from the "Washington Post" from Topper Shuff. He's a weather guy at Channel 9 in Washington. This is what he said about the forecast. He says: "We, as in weather people, often can't control what the newsroom does with our information. If we covered the story, we would probably cover it differently as weather people, but they, reporters, are looking for a different effect. They say let's go and jump on something."
And by that he means, you know, the reporters go out to the Home Depot and they stand there and they say oh my gosh, the shovels are flying off the shelves. They go to the grocery store and they say people are buying toilet paper and bread in case, you know, it snows so much that people go hungry. That's what he's talking about.
He says weather people don't hype it, news people do.
MYERS: Well, and news directors in a -- I've been in this business now 18 years. I've been to a lot of news director meetings where they say what's the forecast going to be? One to three. Oh, well, the other channel says seven to 10, so we'd better -- you'd better raise your numbers. But then, you know, why should I raise my numbers if I think one to three is correct? So...
COSTELLO: Exactly.
MYERS: Right.
COSTELLO: Actually, that does...
MYERS: And guess what? It was sweeps.
COSTELLO: I know, see?
MYERS: It was ratings month, too. So, you've got to get the ratings.
COSTELLO: Exactly right.
Actually, that brings us to out DAYBREAK E-Mail Question of the Morning. Would forecast fines be fair? If the weather guy or weather gal gets it wrong, should they be fined?
MYERS: In Moscow or here? COSTELLO: Here.
MYERS: Oh. In Moscow maybe they can fine them a bottle of Stoli or something, but I don't know about here.
COSTELLO: Chad?
MYERS: Yes?
COSTELLO: Chad Everett Myers? Anyway, let us know what you think about our E-mail Question of the Day -- daybreak@cnn.com. That's daybreak@cnn.com.
It's a story straight out of Hollywood. Just ahead, a lobster escapes his destiny as someone's dinner and makes it to the big time.
You are watching DAYBREAK for a Wednesday.
(COMMERCIAL BREAK)
COSTELLO: Chad, I know we just beat up on you a lot, being a weather forecaster.
MYERS: Sure. That's OK.
COSTELLO: So I'm hoping you'll join me in some "Late Night Laughs."
MYERS: I hear David Letterman had the list, THE list last night.
COSTELLO: That's true, because, you know, everybody knows that, you know, our bosses are trying to make some changes to CNN so our ratings shoot skyward.
But David Letterman has it down.
Here's his Top Ten List of things to do with CNN.
(BEGIN VIDEO CLIP FROM "THE LATE SHOW WITH DAVID LETTERMAN, COURTESY CBS/WORLDWIDE PANTS)
DAVID LETTERMAN, HOST: Number 10, Wolf Blitzer changing his name to Blitz Wolfer. What?
Number nine, when covering a hard story, reporters ask: "What would Jack Daniels do?"
Number eight, every Sunday it's a "WKRP In Cincinnati" marathon.
Number seven, reporters must make quotation marks with fingers when calling Bush president.
Number six, they're putting Lou Dobbs on steroids.
Number five, every night, one lucky viewer receives an on-air physical from Dr. Sanjay Gupta. Number four, the last 10 minutes of newscasts, anchors sing hits from the '70s, '80s, '90s and today.
Number three, let's just say Paula Zahn is now Paul Zahn. What?
Number two, changing name to CNNN.
And the number one change at CNN, an interactive feature allows viewers to administer painful electric shock to Larry King.
(END VIDEO CLIP)
MYERS: That's almost like fining the weather guy, it's fining Larry King.
COSTELLO: My favorite was the free physical from Dr. Sanjay Gupta.
MYERS: Sanjay Gupta.
Hey, we didn't get picked on. That's a good thing.
COSTELLO: That is a good thing.
Time for our DAYBREAK "Eye-Opener."
Fears over a possible butter shortage caused owners of this giant lobster to send it to the zoo. Actually, the 22-pound lobster was saved from the plate after pleas from customers and animal lovers. So the fish market gave Bubba the Lobster to the Pittsburgh Zoo and Aquarium. But it's likely the 34-year-old crustacean will instead end up in a Ripley's Believe It Or Not museum. And that is the truth.
Things got pretty ugly in a minor league hockey game last night in Manchester, New Hampshire. Players and fans alike donned mullet wigs for the Manchester Monarchs' final mullet night. Mullet Hall of Famers Patrick Swayze and Randy Johnson joined the celebrated via satellite. Unfortunately, Manchester lost the game.
And finally, a world record breaking concert in Kenya. A group of 10 drummers beat the skins constantly for 100 hours, to establish a possible record. You just know they were worn out. But there were no Guinness people on hand to verify the event.
Oh, that's a look at our DAYBREAK "Eye Openers" this morning.
Here's what's all new in the next half hour of DAYBREAK.
Is he going to terminate your lunch break? The California governor's office takes a stand on time off and labor unions cry foul. We'll fill you in.
And a reminder, our E-mail Question of the Morning -- would forecasting fines be fair? If your weatherman gets it completely wrong, should he or she be fined? E-mail us at daybreak@cnn.com. That's daybreak@cnn.com. (COMMERCIAL BREAK)
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
