Return to Transcripts main page
CNN Live At Daybreak
Double Murder in Chicago; Supreme Court Takes On Ten Commandments
Aired March 02, 2005 - 06:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Straight ahead on DAYBREAK, a federal judge's husband and mother gunned down and now investigators are following a possible new lead.
Also, walking the line between church and state -- the Supreme Court treads on the highly charged issue.
Plus, smiles, tears and anger -- Michael Jackson strikes an emotional chord.
It is Wednesday, March 2.
You are watching 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, two car bombs in Iraq to tell you about this morning. The first in central Baghdad near an Iraqi recruiting center kills six soldiers. About two hours later, another bomb attack targets an Iraqi military convoy. That explosion kills seven people.
U.N. peacekeepers have killed up to 50 Congolese militiamen in fierce fighting. The violence was prompted by the murders of nine U.N. peacekeepers on patrol there. U.N. peacekeepers have been in the war torn Congo since 1999.
The Supreme Court 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 Chair Alan Greenspan goes before the House Budget Committee in four hours to give an economic outlook report.
To the forecast center -- good morning, Chad.
CHAD MYERS, CNN METEOROLOGIST: Good morning, Carol.
(WEATHER REPORT)
COSTELLO: We have new information about a double murder in Chicago. The "Chicago Sun-Times" is reporting federal Judge Joan Lefkow received suspicious phone calls before her husband and mother were gunned down. Those calls came from inside of a prison facility.
As CNN's Keith Oppenheim reports, the judge is now in protective custody.
(BEGIN VIDEO TAPE)
KEITH OPPENHEIM, CNN CORRESPONDENT (voice-over): In the alley of a three story home on Chicago's North Side, police search through the trash. They're looking for anything the might explain what happened before U.S. District Judge Joan Humphrey Lefkow came home Monday evening.
JAMES MALLOY, CHICAGO POLICE: Judge Lefkow arrived home last night shortly after 5:30 p.m. to find her mother and her husband slain in the basement.
OPPENHEIM: Both died from gunshot wounds. While the family and neighbors are traumatized, the idea that Judge Lefkow or her family could be targeted was, in fact, not new.
MATT HALE, WHITE SUPREMACIST: I will be the person who helps lead the white race to its resurrection.
OPPENHEIM: Matt Hale is a white supremacist. In 2002, Judge Lefkow ruled that Hale's white racist organization, the World Church of the Creator, change its name because it was trademarked by another church. When Hale refused, the judge imposed a $200, 000 fine. Hale was then arrested, and last year, convicted for soliciting others to kill Judge Lefkow. In fact, around the time of the trial, Lefkow's home was temporarily guarded by U.S. marshals.
Since the conviction, Hale has been behind bars and investigators made a point to say that any connection between Hale, his followers and these murders has yet to be established.
MALLOY: This is but one facet of our investigation. We are looking in many, many directions, but it would be far too early to draw any definitive links.
OPPENHEIM: On the street where Judge Lefkow lived, neighbors mourned.
UNIDENTIFIED MALE: Why anything like this had to happen to such a gracious couple like them, I don't know. I don't know.
OPPENHEIM (on camera): At this point, neither do investigators. But they have created a task force, a mix of federal agents and Chicago police working two round the clock shifts to find out.
Keith Oppenheim, CNN, Chicago.
(END VIDEO TAPE)
COSTELLO: Another part of this story, the father of the white supremacist, Matt Hale, is offering his condolences to the Lefkow family. Russell Hale is a retired police officer in East Peoria. He dismisses speculation that his son is involved in the killings, because he says his son is under constant surveillance. Hale says when he talks to his son on the phone, the FBI is listening.
CNN's law enforcement analyst Mike Brooks will have more on hate groups and also on this case. That will come your way in the 6:30 half hour of DAYBREAK.
Michael Jackson's child molestation trial enters day three today. But it might not be able to top the courtroom fireworks of day two. Jackson was in tears.
Here's a wrap-up.
British journalist Martin Bashir refused to answer some pointed questions from Jackson's lawyers, who challenged his methods. Also, Bashir's controversial documentary on Jackson and his children was shown to jurors. During that showing, Jackson appeared to weep.
The defense also disputed allegations the pop star used alcohol and porn to sexually molest a 13-year-old boy.
We'll have more on the trial in the next half hour of DAYBREAK.
More than 70 juvenile killers around the country will have their death sentences commuted to life. That's after the Supreme Court ruled the execution of juvenile killers is unconstitutional. The move ends the chance that convicted murderer Lee Boyd Malvo would face the death penalty. Malvo was 17 when he took part in 10 sniper killings in the Washington, D.C. area in 2002.
And today the Supreme Court hears arguments on another polarizing issue -- the Ten Commandments and whether they can be displayed in government buildings. The debate over Commandments' displays reached a head two years ago when Alabama Chief Justice Roy Moore lost his job for refusing to remove a display from the courthouse. His case is not on the Supreme Court docket, but he has helped fuel other cases.
Here's Justice Moore's -- here is Justice Moore on the court's direction.
(BEGIN VIDEO CLIP)
ROY MOORE, FORMER ALABAMA CHIEF JUSTICE: The court has been off the path of the first amendment. They've started to say anything about god had to be excluded from public life. And certainly this contradicts the history, the logic and the meaning of the first amendment. Without the acknowledgement of this specific god, there would be no first amendment, because the freedom of conscience, the right to believe what you want, comes from this god.
(END VIDEO CLIP)
COSTELLO: Oh, this is an issue that ignites passion on both sides.
So let's talk more about it. Our legal analyst, Kendall Coffey, is here to offer some insight -- good morning, Kendall.
KENDALL COFFEY, CNN LEGAL ANALYST: Good morning, Carol.
COSTELLO: OK, let's start with the first case on the Supreme Court docket.
It's from Texas and it involves this giant six foot pink granite monument that not only displays the Ten Commandments, but it also has Jewish symbols on it, as well. It's been there for 43 years and all of a sudden it's being debated now in the Supreme Court.
COFFEY: Well, that's a big part of it, why all of a sudden? Because timing and the context and setting is critical to these cases. It would, from the public standpoint, be something where there ought to be a clear answer, you can or you can't with something like the Ten Commandments.
But time and time again, the court has emphasized that classic lawyer's position, maybe it depends. And, again, it depends on context and timing.
COSTELLO: Well, might the Jewish symbols on this monument matter in this case?
COFFEY: Well, it certainly mutes any sense that it's trying to advocate a particular religion. But what I think is also important is part of a historical monument. It includes other things, everything from the Alamo to peacetime support for children.
So this is not an area where I think the Supreme Court is going to be offended by the attempts to keep the Ten Commandments on public property.
COSTELLO: So you're saying that monument will probably stay?
COFFEY: That's going to stay.
COSTELLO: OK.
Well, let's talk about the Kentucky case. That's also on the court docket today. And it involves framed pictures of the Ten Commandments hanging inside of the courthouse.
COFFEY: Well, but it also involves different attempts by the Kentucky authorities to meet the court's requirement by, again, changing the context, saying, in effect, OK, if you don't want us just to put up the Ten Commandments, if we put it in a setting about American foundations of law and history, and include other things such as the Magna Carta, such as the constitution, the Declaration of Independence, doesn't that redefine the message not as a religious message, but as something that goes to basic traditions of American law?
COSTELLO: So you're not exactly promoting the Ten Commandments when you put it in a display with other things. It's sort of in a group of lots of things that are -- that are what?
COFFEY: Well, things that are part of a different message that is an endorsement of religion. Think of a rose that's in a bouquet of spring flowers. One meaning if you get it in June if you get a rose on Valentine's Day surrounded by a couple of hearts, it might be a different message.
And so the way something is presented and the timing of how it's presented can be critical factors.
COSTELLO: OK, a last question.
Will the justices rule on this or will they push it to the side?
COFFEY: They're going to rule on that. And I think they're going to try to simplify the test. One of the justices said they have been bedeviled by this area before, no pun intended, or maybe a pun intended. I think they're going to come up with a simple message that says if this is something that appears to endorse religion by government, it's no good. Otherwise, it's acceptable.
COSTELLO: Kendall Coffey, thank you for coming in this morning.
We appreciate it.
COFFEY: Thanks, Carol.
COSTELLO: By the way, a new CNN/"USA Today"/Gallup poll looks into what you think of the case in Texas, the one with that big pink giant monument. The results show great support for that Ten Commandments display. Seventy-six percent of respondents said the Supreme Court should allow the statue in Texas to remain in place. Only 21 percent were opposed. This poll was taken in the State of Texas.
In other "News Across America" now, a federal judge denied bail for suspected terrorist Ahmed Abu Ali. Abu Ali is accused of conspiring to kill President Bush and aiding al Qaeda. The judge said the government has offered up very convincing evidence in the case. Abu Ali's family denies that he has any ties to terrorism.
A South Carolina 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.
And police will resume their search this morning for a missing Florida girl. Nine-year-old Jessica Marie Lunsford has been missing for nearly a week. Five search and rescue teams and specialized search dogs are combing the area around the girl's home for clues.
Just ahead here on DAYBREAK, we're talking about the role that a hate group might have played in the double murder in Chicago. That's coming up at the bottom of the hour. And jurors in the Michael Jackson case see a controversial documentary. We'll tell you more about the man who made it and what he said on the witness stand.
And then, one congressman goes on a personal mission to keep Social Security intact and guaranteed.
But first, here's a look at what else is making news this Wednesday morning.
(COMMERCIAL BREAK)
COSTELLO: Still to come, there could be a major development in the Kobe Bryant civil court case. We'll tell you what it is straight ahead.
And the push to change Social Security may get pushed back. Details ahead.
We'll be back in one minute.
(COMMERCIAL BREAK)
(STOCK MARKET REPORT)
COSTELLO: Your news, money, weather and sports.
It's 6:15 Eastern.
Here's what's all new this morning.
Chicago police are probing the shooting deaths of the husband and mother of federal judge Joan Lefkow. The "Chicago Sun-Times" reporting this morning that police are looking into calls made to the judge's home. The calls reportedly came from the same prison where white supremacist Matt Hale is being held. Hale was convicted in 2004 of trying to arrange Lefkow's murder.
Reports say Kobe Bryant and his accuser may be close to a settlement that would stop the planned civil suit against the basketball star. But attorneys on both sides of the case are not commenting on those reports. The woman has accused Bryant of raping her.
In money news, the price tag for a planned water pipeline to Las Vegas could top $2 billion. If it gets the go ahead, the 461-mile pipeline would double the drinking water supply in Vegas.
In culture, the last Star Wars trailer is coming to the "O.C." The trailer for episode three, "Revenge of the Sith," will debut on the Fox show on March 10. The trailer will not be seen in theaters until the next day.
And in sports, former All Star center Alonzo Mourning is back in 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 -- Chad.
MYERS: Good morning, Carol.
(WEATHER REPORT)
COSTELLO: Oh, Chad, before you go, we want to read some more e- mails, because our weather question, actually, our DAYBREAK E-Mail Question of the Morning -- should forecasting fines, would forecasting fines be fair? Should you fine the weatherman if he gets the forecast wrong, like the Moscow mayor out -- over in Russia -- wants to do to the meteorologists there?
MYERS: Because they missed a few big blizzards. And it's been a really ugly winter in Moscow, I will say that. If you get any -- we don't keep up on international weather like we could if you could watch CNN International. But it has been like two or three blizzards that are two to three feet deep. So the folks there have had a difficult time.
COSTELLO: Right. And some people are angry in the Washington area because the meteorologists, from their perspective, got the forecast a little wrong there. School was canceled.
MYERS: Over predicting what the storm would be. A lot of folks went out and got bread and milk when, in fact, they only had two and a half inches in D.C. Five inches in Reston, Virginia, you know, Vienna. But still, not nearly what some of the forecasters were saying.
COSTELLO: OK, well, let's go to some e-mail, because a lot of people are standing up for you. You're beloved, Chad.
MYERS: You know, I'm seeing this. Maybe I should ask for a raise. Oh my goodness.
Ken from Lakewood, Ohio: "Fine the weather guys? No way. Sure, then we can begin fining bus drivers that are late, baseball pitchers that walk too many batters, kids that wet their -- ," you know. And the rest I can't go into.
COSTELLO: I understand.
MYERS: Carol.
COSTELLO: This is from Conrad in Colorado. He says: "Good morning. Hell, no, they should not be fined. However, I think the mayor of Moscow should be fined for being stupid. I think the folks at CNN do a great job on the weather."
MYERS: Well, we really try. You know, I get a minute and 15 to try to tell you what the whole weather forecast is across the country, and what I'm really trying to do, Carol, is give you an idea -- if you're in a hotel room or if you're traveling across the country, you can't just watch your local news, usually, and get the forecast for D.C. or New York or Orlando or wherever you're traveling to.
So I try to do little snippets and if I don't talk about your city, that's because there's not much bad going on.
When I am talking about your city, that is bad, because there's something that you need to know about.
COSTELLO: All right.
Coming up next on DAYBREAK, ousted Hewlett-Packard president Carly Fiorina could find herself in a posh and prominent new place.
And it's a public relations nightmare when a documentary leads to child molestation charges for the king of pop. What we might expect in today's testimony in the Michael Jackson trial.
(COMMERCIAL BREAK)
CARRIE LEE, CNN CORRESPONDENT: Good morning, everyone.
I'm Carrie Lee at the Nasdaq market site.
Carly Fiorina is reportedly a candidate to be the head of the World Bank, which consists of 200 member nations. It helps developing countries with financing and more. Fiorina was fired from her job recently as chairman and company of Hewlett-Packard. Well, Deputy Defense Secretary Paul Wolfowitz pulled out of the running for the job, and that leads the White House to focus on Fiorina.
Now, Fiorina is a Republican. She's met with Bush administration officials to promote technology issues and she was also part of California Governor Arnold Schwarzenegger's transition team.
The current World Bank president, James Wolfensohn, is stepping down June 1, at the end of his five year term. And even though there are 200 member nations, the Americans, the U.S. and Europe, in effect, divide the two top jobs. The American, an American heads the bank. A European runs the sister entity, the International Monetary Fund.
So that's the latest there.
Turning to stocks, it looks like we could see a lower open for the second trading day in March after gains yesterday. Two lackluster guidance reports from Advanced Micro Devices and Novellus, two big chip companies, helping to drag things down.
And that is the latest from the Nasdaq market site.
DAYBREAK will be right back.
(COMMERCIAL BREAK)
COSTELLO: More about the Ten Commandments debate now.
He's not your typical plaintiff, to say the least. But one Texas man has been spearheading a controversial case that's now before the Supreme Court. He doesn't have much in the way of resources. As a matter of fact, he's kind of tough to find.
CNN's Ed Lavandera tells us why.
(BEGIN VIDEO TAPE)
ED LAVANDERA, CNN CORRESPONDENT (voice-over): Finding Thomas Van Orden takes time and patience. All we really know about him is that he spends a lot of time in libraries.
(on camera): That's the building where the state law library is and where Thomas Van Orden hangs out throughout much of the day. And just a few feet away is the monument of the Ten Commandments, which is just in the shadow of the state capital here in Austin.
(voice-over): You'd think if you wanted to talk to the lawyer who sued the State of Texas to remove a Ten Commandments monument from public grounds that you'd just pick up the phone and call him. But this lawyer doesn't have a phone, much less an assistant.
(on camera): We're told this is the area that Thomas Van Orden normally hangs out in throughout the day.
(voice-over): These desks in the state law library are his office. No brass name plates here, only a newspaper clipping on the wall with his picture.
(on camera): This is where he likes to have lunch throughout the day, so we'll keep looking for him.
(voice-over): Eventually, we end up at the University of Texas Law School.
(on camera): We think we have found Thomas Van Orden here at the U.T. Law School. The problem is he's in that room at the end of the hallway there and he's asleep. So we're going to wait for him to wake up.
THOMAS VAN ORDEN: I don't think I'm creative.
LAVANDERA: A few minutes later, Van Orden is awake and we go outside for an interview. It's impromptu and we quickly learn he isn't your typical attorney.
VAN ORDEN: It's a little of the que sera sera attitude, you know? I think we all go through life that way sometimes, you know?
LAVANDERA: For the last three years, Van Orden has been writing legal briefs and documents, filing and mailing the paperwork himself. It doesn't sound like a big deal, except Thomas Van Orden is homeless.
VAN ORDEN: Each day you're writing, it's hard to get out of your mind that all this is a joke, because when you finish, you don't have any money to make copies and you don't have any money to send it New Orleans. That wears on you. It really does.
LAVANDERA: He agreed to share his story of how a homeless attorney living off $150 a month in food stamps spearheaded such a controversial Supreme Court case on the condition we don't talk about how he ended up on the streets or show you the tent he lives in.
VAN ORDEN: It's just not their business. I mean there may be aspects of their life that fascinate me, too, but I don't go asking about it. The niceties that apply to society apply to me, too.
LAVANDERA: Van Orden describes himself as a Robert Kennedy liberal, a strict believer of separating church and state. But he worries people think he's anti-religion.
VAN ORDEN: I did not sue the Ten Commandments. I didn't sue Christianity or Judaism. I sued the government.
LAVANDERA: It's said that arguing a case before the Supreme Court can be the professional pinnacle of an attorney's career. Van Orden will reach the peak on Wednesday. But he won't be there to enjoy it. Another attorney will argue the case for him.
VAN ORDEN: I'll follow it on the news media.
LAVANDERA: Van Orden refused to let friends pay his way to Washington. Instead, he'll find out what happens from the law libraries where his legal journey started. Win or lose, he'll go back to his tent, wherever it is, to sleep.
Ed Lavandera, CNN, Austin, Texas.
(END VIDEO TAPE)
COSTELLO: It's something we've all probably done at least once, but now one federal agency wants you to shut up and hang up, at least while you're driving. Details about distracted driving in about 20 minutes.
(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 - 06:00 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, a federal judge's husband and mother gunned down and now investigators are following a possible new lead.
Also, walking the line between church and state -- the Supreme Court treads on the highly charged issue.
Plus, smiles, tears and anger -- Michael Jackson strikes an emotional chord.
It is Wednesday, March 2.
You are watching 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, two car bombs in Iraq to tell you about this morning. The first in central Baghdad near an Iraqi recruiting center kills six soldiers. About two hours later, another bomb attack targets an Iraqi military convoy. That explosion kills seven people.
U.N. peacekeepers have killed up to 50 Congolese militiamen in fierce fighting. The violence was prompted by the murders of nine U.N. peacekeepers on patrol there. U.N. peacekeepers have been in the war torn Congo since 1999.
The Supreme Court 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 Chair Alan Greenspan goes before the House Budget Committee in four hours to give an economic outlook report.
To the forecast center -- good morning, Chad.
CHAD MYERS, CNN METEOROLOGIST: Good morning, Carol.
(WEATHER REPORT)
COSTELLO: We have new information about a double murder in Chicago. The "Chicago Sun-Times" is reporting federal Judge Joan Lefkow received suspicious phone calls before her husband and mother were gunned down. Those calls came from inside of a prison facility.
As CNN's Keith Oppenheim reports, the judge is now in protective custody.
(BEGIN VIDEO TAPE)
KEITH OPPENHEIM, CNN CORRESPONDENT (voice-over): In the alley of a three story home on Chicago's North Side, police search through the trash. They're looking for anything the might explain what happened before U.S. District Judge Joan Humphrey Lefkow came home Monday evening.
JAMES MALLOY, CHICAGO POLICE: Judge Lefkow arrived home last night shortly after 5:30 p.m. to find her mother and her husband slain in the basement.
OPPENHEIM: Both died from gunshot wounds. While the family and neighbors are traumatized, the idea that Judge Lefkow or her family could be targeted was, in fact, not new.
MATT HALE, WHITE SUPREMACIST: I will be the person who helps lead the white race to its resurrection.
OPPENHEIM: Matt Hale is a white supremacist. In 2002, Judge Lefkow ruled that Hale's white racist organization, the World Church of the Creator, change its name because it was trademarked by another church. When Hale refused, the judge imposed a $200, 000 fine. Hale was then arrested, and last year, convicted for soliciting others to kill Judge Lefkow. In fact, around the time of the trial, Lefkow's home was temporarily guarded by U.S. marshals.
Since the conviction, Hale has been behind bars and investigators made a point to say that any connection between Hale, his followers and these murders has yet to be established.
MALLOY: This is but one facet of our investigation. We are looking in many, many directions, but it would be far too early to draw any definitive links.
OPPENHEIM: On the street where Judge Lefkow lived, neighbors mourned.
UNIDENTIFIED MALE: Why anything like this had to happen to such a gracious couple like them, I don't know. I don't know.
OPPENHEIM (on camera): At this point, neither do investigators. But they have created a task force, a mix of federal agents and Chicago police working two round the clock shifts to find out.
Keith Oppenheim, CNN, Chicago.
(END VIDEO TAPE)
COSTELLO: Another part of this story, the father of the white supremacist, Matt Hale, is offering his condolences to the Lefkow family. Russell Hale is a retired police officer in East Peoria. He dismisses speculation that his son is involved in the killings, because he says his son is under constant surveillance. Hale says when he talks to his son on the phone, the FBI is listening.
CNN's law enforcement analyst Mike Brooks will have more on hate groups and also on this case. That will come your way in the 6:30 half hour of DAYBREAK.
Michael Jackson's child molestation trial enters day three today. But it might not be able to top the courtroom fireworks of day two. Jackson was in tears.
Here's a wrap-up.
British journalist Martin Bashir refused to answer some pointed questions from Jackson's lawyers, who challenged his methods. Also, Bashir's controversial documentary on Jackson and his children was shown to jurors. During that showing, Jackson appeared to weep.
The defense also disputed allegations the pop star used alcohol and porn to sexually molest a 13-year-old boy.
We'll have more on the trial in the next half hour of DAYBREAK.
More than 70 juvenile killers around the country will have their death sentences commuted to life. That's after the Supreme Court ruled the execution of juvenile killers is unconstitutional. The move ends the chance that convicted murderer Lee Boyd Malvo would face the death penalty. Malvo was 17 when he took part in 10 sniper killings in the Washington, D.C. area in 2002.
And today the Supreme Court hears arguments on another polarizing issue -- the Ten Commandments and whether they can be displayed in government buildings. The debate over Commandments' displays reached a head two years ago when Alabama Chief Justice Roy Moore lost his job for refusing to remove a display from the courthouse. His case is not on the Supreme Court docket, but he has helped fuel other cases.
Here's Justice Moore's -- here is Justice Moore on the court's direction.
(BEGIN VIDEO CLIP)
ROY MOORE, FORMER ALABAMA CHIEF JUSTICE: The court has been off the path of the first amendment. They've started to say anything about god had to be excluded from public life. And certainly this contradicts the history, the logic and the meaning of the first amendment. Without the acknowledgement of this specific god, there would be no first amendment, because the freedom of conscience, the right to believe what you want, comes from this god.
(END VIDEO CLIP)
COSTELLO: Oh, this is an issue that ignites passion on both sides.
So let's talk more about it. Our legal analyst, Kendall Coffey, is here to offer some insight -- good morning, Kendall.
KENDALL COFFEY, CNN LEGAL ANALYST: Good morning, Carol.
COSTELLO: OK, let's start with the first case on the Supreme Court docket.
It's from Texas and it involves this giant six foot pink granite monument that not only displays the Ten Commandments, but it also has Jewish symbols on it, as well. It's been there for 43 years and all of a sudden it's being debated now in the Supreme Court.
COFFEY: Well, that's a big part of it, why all of a sudden? Because timing and the context and setting is critical to these cases. It would, from the public standpoint, be something where there ought to be a clear answer, you can or you can't with something like the Ten Commandments.
But time and time again, the court has emphasized that classic lawyer's position, maybe it depends. And, again, it depends on context and timing.
COSTELLO: Well, might the Jewish symbols on this monument matter in this case?
COFFEY: Well, it certainly mutes any sense that it's trying to advocate a particular religion. But what I think is also important is part of a historical monument. It includes other things, everything from the Alamo to peacetime support for children.
So this is not an area where I think the Supreme Court is going to be offended by the attempts to keep the Ten Commandments on public property.
COSTELLO: So you're saying that monument will probably stay?
COFFEY: That's going to stay.
COSTELLO: OK.
Well, let's talk about the Kentucky case. That's also on the court docket today. And it involves framed pictures of the Ten Commandments hanging inside of the courthouse.
COFFEY: Well, but it also involves different attempts by the Kentucky authorities to meet the court's requirement by, again, changing the context, saying, in effect, OK, if you don't want us just to put up the Ten Commandments, if we put it in a setting about American foundations of law and history, and include other things such as the Magna Carta, such as the constitution, the Declaration of Independence, doesn't that redefine the message not as a religious message, but as something that goes to basic traditions of American law?
COSTELLO: So you're not exactly promoting the Ten Commandments when you put it in a display with other things. It's sort of in a group of lots of things that are -- that are what?
COFFEY: Well, things that are part of a different message that is an endorsement of religion. Think of a rose that's in a bouquet of spring flowers. One meaning if you get it in June if you get a rose on Valentine's Day surrounded by a couple of hearts, it might be a different message.
And so the way something is presented and the timing of how it's presented can be critical factors.
COSTELLO: OK, a last question.
Will the justices rule on this or will they push it to the side?
COFFEY: They're going to rule on that. And I think they're going to try to simplify the test. One of the justices said they have been bedeviled by this area before, no pun intended, or maybe a pun intended. I think they're going to come up with a simple message that says if this is something that appears to endorse religion by government, it's no good. Otherwise, it's acceptable.
COSTELLO: Kendall Coffey, thank you for coming in this morning.
We appreciate it.
COFFEY: Thanks, Carol.
COSTELLO: By the way, a new CNN/"USA Today"/Gallup poll looks into what you think of the case in Texas, the one with that big pink giant monument. The results show great support for that Ten Commandments display. Seventy-six percent of respondents said the Supreme Court should allow the statue in Texas to remain in place. Only 21 percent were opposed. This poll was taken in the State of Texas.
In other "News Across America" now, a federal judge denied bail for suspected terrorist Ahmed Abu Ali. Abu Ali is accused of conspiring to kill President Bush and aiding al Qaeda. The judge said the government has offered up very convincing evidence in the case. Abu Ali's family denies that he has any ties to terrorism.
A South Carolina 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.
And police will resume their search this morning for a missing Florida girl. Nine-year-old Jessica Marie Lunsford has been missing for nearly a week. Five search and rescue teams and specialized search dogs are combing the area around the girl's home for clues.
Just ahead here on DAYBREAK, we're talking about the role that a hate group might have played in the double murder in Chicago. That's coming up at the bottom of the hour. And jurors in the Michael Jackson case see a controversial documentary. We'll tell you more about the man who made it and what he said on the witness stand.
And then, one congressman goes on a personal mission to keep Social Security intact and guaranteed.
But first, here's a look at what else is making news this Wednesday morning.
(COMMERCIAL BREAK)
COSTELLO: Still to come, there could be a major development in the Kobe Bryant civil court case. We'll tell you what it is straight ahead.
And the push to change Social Security may get pushed back. Details ahead.
We'll be back in one minute.
(COMMERCIAL BREAK)
(STOCK MARKET REPORT)
COSTELLO: Your news, money, weather and sports.
It's 6:15 Eastern.
Here's what's all new this morning.
Chicago police are probing the shooting deaths of the husband and mother of federal judge Joan Lefkow. The "Chicago Sun-Times" reporting this morning that police are looking into calls made to the judge's home. The calls reportedly came from the same prison where white supremacist Matt Hale is being held. Hale was convicted in 2004 of trying to arrange Lefkow's murder.
Reports say Kobe Bryant and his accuser may be close to a settlement that would stop the planned civil suit against the basketball star. But attorneys on both sides of the case are not commenting on those reports. The woman has accused Bryant of raping her.
In money news, the price tag for a planned water pipeline to Las Vegas could top $2 billion. If it gets the go ahead, the 461-mile pipeline would double the drinking water supply in Vegas.
In culture, the last Star Wars trailer is coming to the "O.C." The trailer for episode three, "Revenge of the Sith," will debut on the Fox show on March 10. The trailer will not be seen in theaters until the next day.
And in sports, former All Star center Alonzo Mourning is back in 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 -- Chad.
MYERS: Good morning, Carol.
(WEATHER REPORT)
COSTELLO: Oh, Chad, before you go, we want to read some more e- mails, because our weather question, actually, our DAYBREAK E-Mail Question of the Morning -- should forecasting fines, would forecasting fines be fair? Should you fine the weatherman if he gets the forecast wrong, like the Moscow mayor out -- over in Russia -- wants to do to the meteorologists there?
MYERS: Because they missed a few big blizzards. And it's been a really ugly winter in Moscow, I will say that. If you get any -- we don't keep up on international weather like we could if you could watch CNN International. But it has been like two or three blizzards that are two to three feet deep. So the folks there have had a difficult time.
COSTELLO: Right. And some people are angry in the Washington area because the meteorologists, from their perspective, got the forecast a little wrong there. School was canceled.
MYERS: Over predicting what the storm would be. A lot of folks went out and got bread and milk when, in fact, they only had two and a half inches in D.C. Five inches in Reston, Virginia, you know, Vienna. But still, not nearly what some of the forecasters were saying.
COSTELLO: OK, well, let's go to some e-mail, because a lot of people are standing up for you. You're beloved, Chad.
MYERS: You know, I'm seeing this. Maybe I should ask for a raise. Oh my goodness.
Ken from Lakewood, Ohio: "Fine the weather guys? No way. Sure, then we can begin fining bus drivers that are late, baseball pitchers that walk too many batters, kids that wet their -- ," you know. And the rest I can't go into.
COSTELLO: I understand.
MYERS: Carol.
COSTELLO: This is from Conrad in Colorado. He says: "Good morning. Hell, no, they should not be fined. However, I think the mayor of Moscow should be fined for being stupid. I think the folks at CNN do a great job on the weather."
MYERS: Well, we really try. You know, I get a minute and 15 to try to tell you what the whole weather forecast is across the country, and what I'm really trying to do, Carol, is give you an idea -- if you're in a hotel room or if you're traveling across the country, you can't just watch your local news, usually, and get the forecast for D.C. or New York or Orlando or wherever you're traveling to.
So I try to do little snippets and if I don't talk about your city, that's because there's not much bad going on.
When I am talking about your city, that is bad, because there's something that you need to know about.
COSTELLO: All right.
Coming up next on DAYBREAK, ousted Hewlett-Packard president Carly Fiorina could find herself in a posh and prominent new place.
And it's a public relations nightmare when a documentary leads to child molestation charges for the king of pop. What we might expect in today's testimony in the Michael Jackson trial.
(COMMERCIAL BREAK)
CARRIE LEE, CNN CORRESPONDENT: Good morning, everyone.
I'm Carrie Lee at the Nasdaq market site.
Carly Fiorina is reportedly a candidate to be the head of the World Bank, which consists of 200 member nations. It helps developing countries with financing and more. Fiorina was fired from her job recently as chairman and company of Hewlett-Packard. Well, Deputy Defense Secretary Paul Wolfowitz pulled out of the running for the job, and that leads the White House to focus on Fiorina.
Now, Fiorina is a Republican. She's met with Bush administration officials to promote technology issues and she was also part of California Governor Arnold Schwarzenegger's transition team.
The current World Bank president, James Wolfensohn, is stepping down June 1, at the end of his five year term. And even though there are 200 member nations, the Americans, the U.S. and Europe, in effect, divide the two top jobs. The American, an American heads the bank. A European runs the sister entity, the International Monetary Fund.
So that's the latest there.
Turning to stocks, it looks like we could see a lower open for the second trading day in March after gains yesterday. Two lackluster guidance reports from Advanced Micro Devices and Novellus, two big chip companies, helping to drag things down.
And that is the latest from the Nasdaq market site.
DAYBREAK will be right back.
(COMMERCIAL BREAK)
COSTELLO: More about the Ten Commandments debate now.
He's not your typical plaintiff, to say the least. But one Texas man has been spearheading a controversial case that's now before the Supreme Court. He doesn't have much in the way of resources. As a matter of fact, he's kind of tough to find.
CNN's Ed Lavandera tells us why.
(BEGIN VIDEO TAPE)
ED LAVANDERA, CNN CORRESPONDENT (voice-over): Finding Thomas Van Orden takes time and patience. All we really know about him is that he spends a lot of time in libraries.
(on camera): That's the building where the state law library is and where Thomas Van Orden hangs out throughout much of the day. And just a few feet away is the monument of the Ten Commandments, which is just in the shadow of the state capital here in Austin.
(voice-over): You'd think if you wanted to talk to the lawyer who sued the State of Texas to remove a Ten Commandments monument from public grounds that you'd just pick up the phone and call him. But this lawyer doesn't have a phone, much less an assistant.
(on camera): We're told this is the area that Thomas Van Orden normally hangs out in throughout the day.
(voice-over): These desks in the state law library are his office. No brass name plates here, only a newspaper clipping on the wall with his picture.
(on camera): This is where he likes to have lunch throughout the day, so we'll keep looking for him.
(voice-over): Eventually, we end up at the University of Texas Law School.
(on camera): We think we have found Thomas Van Orden here at the U.T. Law School. The problem is he's in that room at the end of the hallway there and he's asleep. So we're going to wait for him to wake up.
THOMAS VAN ORDEN: I don't think I'm creative.
LAVANDERA: A few minutes later, Van Orden is awake and we go outside for an interview. It's impromptu and we quickly learn he isn't your typical attorney.
VAN ORDEN: It's a little of the que sera sera attitude, you know? I think we all go through life that way sometimes, you know?
LAVANDERA: For the last three years, Van Orden has been writing legal briefs and documents, filing and mailing the paperwork himself. It doesn't sound like a big deal, except Thomas Van Orden is homeless.
VAN ORDEN: Each day you're writing, it's hard to get out of your mind that all this is a joke, because when you finish, you don't have any money to make copies and you don't have any money to send it New Orleans. That wears on you. It really does.
LAVANDERA: He agreed to share his story of how a homeless attorney living off $150 a month in food stamps spearheaded such a controversial Supreme Court case on the condition we don't talk about how he ended up on the streets or show you the tent he lives in.
VAN ORDEN: It's just not their business. I mean there may be aspects of their life that fascinate me, too, but I don't go asking about it. The niceties that apply to society apply to me, too.
LAVANDERA: Van Orden describes himself as a Robert Kennedy liberal, a strict believer of separating church and state. But he worries people think he's anti-religion.
VAN ORDEN: I did not sue the Ten Commandments. I didn't sue Christianity or Judaism. I sued the government.
LAVANDERA: It's said that arguing a case before the Supreme Court can be the professional pinnacle of an attorney's career. Van Orden will reach the peak on Wednesday. But he won't be there to enjoy it. Another attorney will argue the case for him.
VAN ORDEN: I'll follow it on the news media.
LAVANDERA: Van Orden refused to let friends pay his way to Washington. Instead, he'll find out what happens from the law libraries where his legal journey started. Win or lose, he'll go back to his tent, wherever it is, to sleep.
Ed Lavandera, CNN, Austin, Texas.
(END VIDEO TAPE)
COSTELLO: It's something we've all probably done at least once, but now one federal agency wants you to shut up and hang up, at least while you're driving. Details about distracted driving in about 20 minutes.
(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
