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CNN Live Today

Border Agents Fight Never Ending Battle; Consumers Should Pay Attention to Drug Warnings; Still Lots of Love for Ray Charles; Martha Stewart Moving from Big House to House Arrest

Aired March 03, 2005 - 11:30   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.


RICK SANCHEZ, CO-HOST: Convicted Connecticut rapist Alex Kelly is asking for parole this morning. He's 37 now. He was 18 when he was charged with crimes in 1986. Prosecutors portrayed him as a spoiled rich suburban teenager.
He fled to Europe before his trail and spent -- before his trial, pardon me, spent almost a decade living what is described by authorities as the good life. He finally survived (ph) in 1995. Kelly has served half of his 16-year sentence. That is why many of his victims are not happy about it.

Late night funny man Jay Leno is asking a judge to exempt his jokes from the gag order in the Michael Jackson case. Leno has been subpoenaed to testify in the child molestation trial, but he wants to yuck it up about the case in his monologues still. Defense attorneys say that Jackson's accuser once sought money from Leno. That's how he's involved in this case.

Rescuers are caring for dozens of dolphins that on the beach today in the Florida Keys. There they are. Experts are not sure if the mammals beached themselves or accidentally got stranded. Always a question with these. We'll follow it for you.

And there's some sad news.

DARYN KAGAN, CO-HOST: No!

SANCHEZ: Remember yesterday, we told you about Bubba the lobster?

KAGAN: yes.

SANCHEZ: One of the biggest ever. Well, the massive crustacean weighed in at 22 pounds. It was anywhere from 30 to 100 years old. He was pulled from the water off Nantucket, spent a week at the market before he was taken to the zoo. I guess he couldn't handle the stress. He passed away last night, a combination of weight and old age.

KAGAN: That's very sad.

I'm kind of sad about Bubba.

SANCHEZ: I know you are. You've been upset all day about that. KAGAN: Other news for you today. Congress watching out for your security today. We are watching Congress for you. In fact we're going to go ahead and take a live picture from the immigration subcommittee of the house judiciary.

What does it all mean? That today's hearing focuses on the current status of U.S. security operations along thousands of miles of America's borders. We will monitor the hearing and bring you any new developments.

Meanwhile, even although the latest technology and the surveillance, safeguarding the U.S. often comes down to a single border agent who is fluent in body language. Our Ed Lavandera takes us to El Paso, Texas. He gives us a closer look at the people who maintain constant vigilance over your security.

(BEGIN VIDEOTAPE)

LAURA JIMENEZ, CUSTOMS AND BORDER INSPECTOR: (speaking Spanish)

ED LAVANDERA, CNN CORRESPONDENT (voice-over): Laura Jimenez is a doorkeeper. Her post is at the Bridge of the Americas which connects El Paso to Juarez, Mexico. Her job, she says, is like answering the door at home, deciding who comes in and who stays out.

JIMENEZ: You just never know when you're going to get that needle in the haystack.

LAVANDERA: Jimenez has worked the Texas/Mexico border the last eight years. She became a customs border protection agent after spending the first part of her professional life working for a defense contractor.

JIMENEZ: (speaking Spanish)

LAVANDERA: Now she helps determine who gets special passes (ph) allowing free access inside the United States. But the most important part of her job, she says, is making sure a villain doesn't slip through.

JIMENEZ: It's fun. For me it's fun when you actually can go in and pick -- you know, you pick up the bad people who are trying to snatch somebody away from trying to come in and do something vicious.

LAVANDERA: It's not lost on her that many of the 9/11 hijackers entered the United States legally. She knows every person who steps up to her window must be scrutinized.

JIMENEZ: We really don't rest. You can't -- you can't really take a backseat into thinking, "Well, this subject is the same. He comes in every day. He's not going to do anything." We don't know that.

(speaking Spanish)

LAVANDERA: Jimenez is trained to sniff out liars. Asking questions in a soft, methodical manner, she studies movements, always listening.

JIMENEZ: Those things will give them away. We look for those kind of things all the time. So we do study the persons and their behavior, and anything that may give us an inclination that there -- there's something shady going on.

LAVANDERA: Jimenez and the other agencies here know even the most intense vigilance won't keep out everything who desperately wants in.

UNIDENTIFIED MALE: Three, nine, eight. Three, nine, eight.

We just had about six of them come across through there.

LAVANDERA: Border patrol agents pick up hundreds of illegal immigrants every day.

SERGIO ARAMBULA, BORDER PATROL AGENT: (speaking Spanish)

LAVANDERA: Agent Sergio Arambula asked this man why he's so nervous. Arambula has worked the border 10 years. He relies on the latest fingerprint and facial image technology to learn about those who have been captured.

ARAMBULA: We talk all 10 fingerprints, thumbs, everything. Then it's submitted to the FBI network.

LAVANDERA: Arambula can instantly get a person's criminal background and a list of when and where that person has made other attempts to cross into the country. It was this man's first attempt. If he's captured again, the government will know all about him, even if he's captured in California.

ARAMBULA: They won't be honest, you know, or forthright with their information. So they'll come and give you false names, whatever, but this takes a lot of the guesswork out.

LAVANDERA (on camera): The agents like to say fingerprints don't lie. Customs and Border Protection rolled out the fingerprint and facial technology toward the end of last year. In the first three months, border patrol agents caught more than 23,000 people trying to sneak back into the United States who were wanted on criminal charges.

UNIDENTIFIED FEMALE: (speaking Spanish)

LAVANDERA (voice-over): More than 50 million people cross the El Paso bridges every year. Agents check what they can.

UNIDENTIFIED FEMALE: (speaking Spanish)

LAVANDERA: But they can't inspect every car in detail.

At the end of the day, every border agent will tell you it's impossible to keep everyone out. It's the nature of illegal immigration. Seal up one weak spot, another will open.

JIMENEZ: Time to head home and make dinner.

LAVANDERA: That doesn't mean Laura Jimenez is giving up.

JIMENEZ: They're very creative. They're very inventive. They're very crafty. They're very good. But I'd like to think that we're better.

Catch you later. Bye-bye.

LAVANDERA: Jimenez ends another shift, but the doorkeeper knows the knocking on the border door never ends.

Ed Lavandera, CNN, El Paso, Texas.

(END VIDEOTAPE)

KAGAN: And then there's this about your security: an indication of determination to get around the law. A sophisticated tunnel beneath the U.S.-Mexico border in California. It's a five-foot high tunnel. It has lighting, a tile floor, ventilation tubing and security cameras.

The link was forged 20 feet underground. Border officials believe it was used to move people and to move drugs.

CNN's "Security Watch" keeps you up to date on safety. Stay tuned day and night for the most reliable news about your security.

SANCHEZ: There's a black box warning. Do you know what that term actually means?

KAGAN: It has to do with your health. If you don't, you're going to want to stay tuned. It could save your life.

And -- go ahead.

SANCHEZ: Though Martha Stewart is about to leave jail, she may not be able to get back to business as usual. Why? Stick around, we'll tell you why.

(COMMERCIAL BREAK)

SANCHEZ: In this post-Vioxx era, the FDA is asking Congress for some more authority to mandate warning labels on prescription drugs.

KAGAN: But does anybody really read those labels? Or if they do, do you understand them?

Here's our "Daily Dose" with Dr. Sanjay Gupta.

(BEGIN VIDEOTAPE)

DR. ADRIENNE MIMS, PHYSICIAN: Now, remembering that medicine, did it cause you problems when you were taking it before?

UNIDENTIFIED FEMALE: No. SANJAY GUPTA, CNN MEDICAL CORRESPONDENT (voice-over): Dr. Adrienne Mims finds herself talking about drug safety more and more these days. Patients are concerned about recent FDA warnings and are confused by what exactly a black box warning means.

MIMS: When it's issued by the FDA, it means this is the most serious of the warnings that there could be complications, including death, from the use of a medication.

GUPTA: The problem is how many patients actually see the warnings in those little inserts?

MIMS: If a consumer got the actual black box warning, they often toss them and they probably should toss them, because it's not really written in patient language.

GUPTA: Nowadays many pharmacies provide easier to understand inserts, but the message is the same.

MIMS: Nothing is safe for everybody, and so whenever you get a medication, even over the counter, do look at the warnings.

GUPTA: Now, the FDA does not keep track of the number of drugs that carry these black boxes, but it is estimated of that several hundred of the approximately 10,000 it has approved do carry these warnings.

(voice-over) The best advice is to be an educated patient. For example, know if you're in the subset of patients that may be harmed by a drug. With ACE inhibitors, a heart medicine, pregnant women can be affected. With oral contraceptives, smokers need to be careful. Antidepressants will soon carry labels for children and adolescents. And the decision on labeling for arthritis medicines called COX-2 inhibitors is now under consideration by the FDA.

MIMS: Let's try another maneuver.

GUPTA: Dr. Sanjay Gupta, CNN, Atlanta.

(END VIDEOTAPE)

SANCHEZ: Your "Daily Dose" of health news always just a click away. Log on to CNN.com/health for the latest medical news. You'll also find special reports and you'll find a health library to use.

KAGAN: Ray Charles, you've heard about him a little bit lately. The latest CD and the movie about his life, they're huge hits. More on the legend this morning. Apparently one soundtrack from the movie is not enough. We'll tell you why. The sweet sound of Ray Charles is coming up.

(BEGIN VIDEO CLIP)

(MUSIC)

(END VIDEO CLIP) (COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

(MUSIC)

(END VIDEO CLIP)

KAGAN: "Genius Loves Company," eight Grammys for his final CD. A bit act -- Best Actor Oscar for Jamie Foxx. The world still has a lot of love for the late great Ray Charles.

With the success of "Genius" and the movie "Ray," there is even more coming your way. "More music from 'Ray'" is the second soundtrack album released from the film. Stuart Benjamin is the producer of the movie "Ray," James Austin the curator for the Ray Charles music catalogue. That sounds like a cool job. They're joining us from Los Angeles this morning.

Gentlemen, good morning.

STUART BENJAMIN, PRODUCER, "RAY": Good morning.

JAMES AUSTIN, CURATOR, RAY CHARLES MUSIC CATALOGUE: Good morning.

KAGAN: Big fan of Ray Charles, the movie, the CDs, all of it here. James, let's start with you. A second soundtrack from the movie. What was missing from the first soundtrack that you think fans are still clamoring to hear?

AUSTIN: Well, from the first soundtrack of the movie, there's just so much music that was not really included that was, I think, representative of what the movie was about and how exciting it was. And, you know, I think it really adds to the legacy of Ray Charles, as the movie really portrayed.

KAGAN: Yes, well, but specifically which songs? What music will we hear that we didn't hear on the first soundtrack?

AUSTIN: Well, "Leave My Girl Alone" and there's -- on the first one there's a song that I think is very, very telling of Ray Charles, and it's a song called "The Danger Zone." "Losing Hand." I think all these songs kind of really add to the legacy of what Ray Charles was really about.

KAGAN: Stuart, let's bring the movie producer in here. So when people -- when we were watching "Ray," we were watching Jamie Foxx's incredible performance, but we were hearing Ray Charles?

BENJAMIN: Yes, we were. We used -- we used old Ray Charles masters for the movie, and we actually had Ray come into the studio and record -- or re-record some songs for the movie.

KAGAN: Really fun and interesting movie to watch. With all the accolades that you received, Stuart, between the nominations and all the other honors, how much of it do you think was about the movie and how much do you think was about the love for Ray Charles?

BENJAMIN: I'm not sure you could separate the two. I think that -- I'd like to think that we did a really good job in terms of portraying Ray and carrying on his legacy, and I think that there is inherently a love for Ray Charles and an appreciation for him.

I actually think the movie heightened that, because a lot of people didn't know, really, what Ray Charles' story was, and now we've been able to bring that to -- to the world.

KAGAN: Of course, a lot of his story was about overcoming adversity. You've got to share a little bit about the adversity of trying to get this movie made. You've been trying since 1988?

BENJAMIN: Since 1988, and we kept banging our head against walls and having doors shut on us. But you know, to his credit, I mean, Ray always used to say to me, "Well, be patient, Stuart. Things happen for a reason. Things happen when they're meant to happen."

And I think in this particular case he was right, because the sun, the moon, the stars all seemed to line up just right when we got around to -- not got around to but when people allowed us to make this movie, including the availability of Jamie Foxx.

KAGAN: Right. I mean, clearly, it looks like he was born to play this part. He did such a good job.

BENJAMIN: I think he was born to play this part, and I think Taylor Hackford, who's been my partner for a number of years, did an amazing job directing this movie and putting all the pieces together and interweaving the music and the dramatic moments.

KAGAN: James, let's bring you back in here. So you're curator of Ray Charles' catalog. You have your hands on his legacy as we go forward from here?

AUSTIN: Yes. I think it's kind of an amazing and awesome responsibility at the same time. To -- you know, to be involved with his music is -- is one kind of honor, but to have been able to work with him, and hand in hand with Ray Charles, to have known him, and to have been able to be a part of his legacy on record, and to also have worked on the soundtrack has been truly an amazing experience.

KAGAN: Well, and those will go on not just for you, but for the fans out there, especially with the next CD coming out, "More Music from 'Ray'," the second soundtrack from the movie.

Gentlemen, thank you. James Austin, Stuart Benjamin, good luck.

BENJAMIN: Thank you.

AUSTIN: Thank you.

KAGAN: And you can keep an eye on entertainment 24/7 by pointing your Internet browser to CNN.com/entertainment. SANCHEZ: When we come back, Martha's about to get her freedom back, well, almost, after prison. She's going to be under house arrest. What does that mean for Martha?

Also, a development on another story we're just now getting wind of. We'll have that for you, as well. We'll be back in just a moment.

(COMMERCIAL BREAK)

KAGAN: The latest now for you on convicted rapist Alex Kelly. He was asking for parole, a parole board in Connecticut today denying that request.

He is the convicted rapist, 37 years old. He was 18 when he was charged with the crimes back in 1986, prosecutors portraying him as a spoiled rich suburban teenager. He fled to Europe before his trial, spent about a decade there, finally came back in '95, has been in prison. And the parole hearing today abut 9 a.m. in Connecticut.

This is what Kelly had to say.

(BEGIN VIDEO CLIP)

ALEX KELLY, CONVICTED RAPIST: I take full responsibility for the things I have done. I have caused a lot of pain to a lot of people, and I am sorry for that.

While I have not been subjected to anything I do not deserve, I do believe it's significant that you understand a little of what I've been through, though. Only by knowing what I've been through and a little bit of what I've lost, if you have any idea of how important this is to me.

At 18, I threw away every dream I ever had. I did it to myself. I did it. I take responsibility for it. But all those dreams are gone.

(END VIDEO CLIP)

KAGAN: Well, Kelly has served only half -- has served only half of his 16-year sentence. Once again, the parole board in Connecticut saying that that is not enough. He is continuing his prison sentence in Connecticut on those rape charges.

SANCHEZ: Another legal story, Martha Stewart is about to become a homebody. She's expected to be released from prison as early as tomorrow, but as CNN's Kelly Wallace reports, she's headed for a gilded cage, lined with a long list of rules.

(BEGIN VIDEOTAPE)

KELLY WALLACE, CNN CORRESPONDENT (voice-over): Martha Stewart, moving from the prison known as Camp Cupcake to a place where she can bake all the cupcakes she wants. This 153-acre estate in the tony Westchester town of Bedford, New York, is where Stewart will spend the next five months under house arrest.

(on camera) One prison to another in Bedford, New York?

BENJAMIN BRAFMAN, DEFENSE ATTORNEY: In a sense, but it's a terrific trade up. It's a much nicer facility. She can go to work. She can have visitors.

WALLACE: As long as those visitors are not convicted felons. The "New York Post" recently did its own list of what Martha can and cannot do under house arrest.

She can fire contestants on her own version of "The Apprentice," but can't own firearms. She can ride her staffers, but can't ride her horses.

The queen of decorating is allowed to leave her home just 48 hours per week, for work, doctor's visits, church and grocery shopping. And 24 hours a day she must wear an electronic ankle bracelet like this one which alerts her probation officer any time she leaves her home.

PAMELA HAYES, FORMER PROSECUTOR: It's a burden. I mean, it's a constant reminder that, you know, you're a criminal. I mean, you've got this thing on your leg as if she's going somewhere. Where is she going?

WALLACE: She won't be going to the Bahamas or the Hamptons or anywhere else for fun for the next five months. She'll likely do her shopping here in nearby Katonah, New York, where the welcome wagon has already been rolled out, although people here seem, well, unfazed by the imminent arrival of their celebrity neighbor.

UNIDENTIFIED FEMALE: I don't think it will make too much difference one way or the other. We have a lot of very well known people who live in the area.

WALLACE (on camera): The editor in chief of Martha Stewart's magazine said last fall, when Martha decided to serve out her sentence, instead of remaining free on appeal, she said she would be back in time to plant her garden.

(voice-over) The only problem with that is, unless she gets special approval from her probation officer, she is not allowed out of the house, which means that gardening might have to wait until the summer.

Kelly Wallace, CNN, New York.

(END VIDEOTAPE)

SANCHEZ: And we should tell you, tonight on the eve of Martha Stewart's release from prison, CNN will air a special primetime edition of "People in the News." For the first time, you're going to be able to see some footage of Stewart at what's come to known as Camp Cupcake by some. It's also some exclusive interviews and some video. It's a special primetime "People in the News," hosted by Paula Zahn. KAGAN: And that is going to do it for us. I'm Daryn Kagan.

SANCHEZ: And I'm Rick Sanchez. Wolf Blitzer is coming up next. Thanks so much for being with us today. See you again tomorrow.

(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 3, 2005 - 11:30   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
RICK SANCHEZ, CO-HOST: Convicted Connecticut rapist Alex Kelly is asking for parole this morning. He's 37 now. He was 18 when he was charged with crimes in 1986. Prosecutors portrayed him as a spoiled rich suburban teenager.
He fled to Europe before his trail and spent -- before his trial, pardon me, spent almost a decade living what is described by authorities as the good life. He finally survived (ph) in 1995. Kelly has served half of his 16-year sentence. That is why many of his victims are not happy about it.

Late night funny man Jay Leno is asking a judge to exempt his jokes from the gag order in the Michael Jackson case. Leno has been subpoenaed to testify in the child molestation trial, but he wants to yuck it up about the case in his monologues still. Defense attorneys say that Jackson's accuser once sought money from Leno. That's how he's involved in this case.

Rescuers are caring for dozens of dolphins that on the beach today in the Florida Keys. There they are. Experts are not sure if the mammals beached themselves or accidentally got stranded. Always a question with these. We'll follow it for you.

And there's some sad news.

DARYN KAGAN, CO-HOST: No!

SANCHEZ: Remember yesterday, we told you about Bubba the lobster?

KAGAN: yes.

SANCHEZ: One of the biggest ever. Well, the massive crustacean weighed in at 22 pounds. It was anywhere from 30 to 100 years old. He was pulled from the water off Nantucket, spent a week at the market before he was taken to the zoo. I guess he couldn't handle the stress. He passed away last night, a combination of weight and old age.

KAGAN: That's very sad.

I'm kind of sad about Bubba.

SANCHEZ: I know you are. You've been upset all day about that. KAGAN: Other news for you today. Congress watching out for your security today. We are watching Congress for you. In fact we're going to go ahead and take a live picture from the immigration subcommittee of the house judiciary.

What does it all mean? That today's hearing focuses on the current status of U.S. security operations along thousands of miles of America's borders. We will monitor the hearing and bring you any new developments.

Meanwhile, even although the latest technology and the surveillance, safeguarding the U.S. often comes down to a single border agent who is fluent in body language. Our Ed Lavandera takes us to El Paso, Texas. He gives us a closer look at the people who maintain constant vigilance over your security.

(BEGIN VIDEOTAPE)

LAURA JIMENEZ, CUSTOMS AND BORDER INSPECTOR: (speaking Spanish)

ED LAVANDERA, CNN CORRESPONDENT (voice-over): Laura Jimenez is a doorkeeper. Her post is at the Bridge of the Americas which connects El Paso to Juarez, Mexico. Her job, she says, is like answering the door at home, deciding who comes in and who stays out.

JIMENEZ: You just never know when you're going to get that needle in the haystack.

LAVANDERA: Jimenez has worked the Texas/Mexico border the last eight years. She became a customs border protection agent after spending the first part of her professional life working for a defense contractor.

JIMENEZ: (speaking Spanish)

LAVANDERA: Now she helps determine who gets special passes (ph) allowing free access inside the United States. But the most important part of her job, she says, is making sure a villain doesn't slip through.

JIMENEZ: It's fun. For me it's fun when you actually can go in and pick -- you know, you pick up the bad people who are trying to snatch somebody away from trying to come in and do something vicious.

LAVANDERA: It's not lost on her that many of the 9/11 hijackers entered the United States legally. She knows every person who steps up to her window must be scrutinized.

JIMENEZ: We really don't rest. You can't -- you can't really take a backseat into thinking, "Well, this subject is the same. He comes in every day. He's not going to do anything." We don't know that.

(speaking Spanish)

LAVANDERA: Jimenez is trained to sniff out liars. Asking questions in a soft, methodical manner, she studies movements, always listening.

JIMENEZ: Those things will give them away. We look for those kind of things all the time. So we do study the persons and their behavior, and anything that may give us an inclination that there -- there's something shady going on.

LAVANDERA: Jimenez and the other agencies here know even the most intense vigilance won't keep out everything who desperately wants in.

UNIDENTIFIED MALE: Three, nine, eight. Three, nine, eight.

We just had about six of them come across through there.

LAVANDERA: Border patrol agents pick up hundreds of illegal immigrants every day.

SERGIO ARAMBULA, BORDER PATROL AGENT: (speaking Spanish)

LAVANDERA: Agent Sergio Arambula asked this man why he's so nervous. Arambula has worked the border 10 years. He relies on the latest fingerprint and facial image technology to learn about those who have been captured.

ARAMBULA: We talk all 10 fingerprints, thumbs, everything. Then it's submitted to the FBI network.

LAVANDERA: Arambula can instantly get a person's criminal background and a list of when and where that person has made other attempts to cross into the country. It was this man's first attempt. If he's captured again, the government will know all about him, even if he's captured in California.

ARAMBULA: They won't be honest, you know, or forthright with their information. So they'll come and give you false names, whatever, but this takes a lot of the guesswork out.

LAVANDERA (on camera): The agents like to say fingerprints don't lie. Customs and Border Protection rolled out the fingerprint and facial technology toward the end of last year. In the first three months, border patrol agents caught more than 23,000 people trying to sneak back into the United States who were wanted on criminal charges.

UNIDENTIFIED FEMALE: (speaking Spanish)

LAVANDERA (voice-over): More than 50 million people cross the El Paso bridges every year. Agents check what they can.

UNIDENTIFIED FEMALE: (speaking Spanish)

LAVANDERA: But they can't inspect every car in detail.

At the end of the day, every border agent will tell you it's impossible to keep everyone out. It's the nature of illegal immigration. Seal up one weak spot, another will open.

JIMENEZ: Time to head home and make dinner.

LAVANDERA: That doesn't mean Laura Jimenez is giving up.

JIMENEZ: They're very creative. They're very inventive. They're very crafty. They're very good. But I'd like to think that we're better.

Catch you later. Bye-bye.

LAVANDERA: Jimenez ends another shift, but the doorkeeper knows the knocking on the border door never ends.

Ed Lavandera, CNN, El Paso, Texas.

(END VIDEOTAPE)

KAGAN: And then there's this about your security: an indication of determination to get around the law. A sophisticated tunnel beneath the U.S.-Mexico border in California. It's a five-foot high tunnel. It has lighting, a tile floor, ventilation tubing and security cameras.

The link was forged 20 feet underground. Border officials believe it was used to move people and to move drugs.

CNN's "Security Watch" keeps you up to date on safety. Stay tuned day and night for the most reliable news about your security.

SANCHEZ: There's a black box warning. Do you know what that term actually means?

KAGAN: It has to do with your health. If you don't, you're going to want to stay tuned. It could save your life.

And -- go ahead.

SANCHEZ: Though Martha Stewart is about to leave jail, she may not be able to get back to business as usual. Why? Stick around, we'll tell you why.

(COMMERCIAL BREAK)

SANCHEZ: In this post-Vioxx era, the FDA is asking Congress for some more authority to mandate warning labels on prescription drugs.

KAGAN: But does anybody really read those labels? Or if they do, do you understand them?

Here's our "Daily Dose" with Dr. Sanjay Gupta.

(BEGIN VIDEOTAPE)

DR. ADRIENNE MIMS, PHYSICIAN: Now, remembering that medicine, did it cause you problems when you were taking it before?

UNIDENTIFIED FEMALE: No. SANJAY GUPTA, CNN MEDICAL CORRESPONDENT (voice-over): Dr. Adrienne Mims finds herself talking about drug safety more and more these days. Patients are concerned about recent FDA warnings and are confused by what exactly a black box warning means.

MIMS: When it's issued by the FDA, it means this is the most serious of the warnings that there could be complications, including death, from the use of a medication.

GUPTA: The problem is how many patients actually see the warnings in those little inserts?

MIMS: If a consumer got the actual black box warning, they often toss them and they probably should toss them, because it's not really written in patient language.

GUPTA: Nowadays many pharmacies provide easier to understand inserts, but the message is the same.

MIMS: Nothing is safe for everybody, and so whenever you get a medication, even over the counter, do look at the warnings.

GUPTA: Now, the FDA does not keep track of the number of drugs that carry these black boxes, but it is estimated of that several hundred of the approximately 10,000 it has approved do carry these warnings.

(voice-over) The best advice is to be an educated patient. For example, know if you're in the subset of patients that may be harmed by a drug. With ACE inhibitors, a heart medicine, pregnant women can be affected. With oral contraceptives, smokers need to be careful. Antidepressants will soon carry labels for children and adolescents. And the decision on labeling for arthritis medicines called COX-2 inhibitors is now under consideration by the FDA.

MIMS: Let's try another maneuver.

GUPTA: Dr. Sanjay Gupta, CNN, Atlanta.

(END VIDEOTAPE)

SANCHEZ: Your "Daily Dose" of health news always just a click away. Log on to CNN.com/health for the latest medical news. You'll also find special reports and you'll find a health library to use.

KAGAN: Ray Charles, you've heard about him a little bit lately. The latest CD and the movie about his life, they're huge hits. More on the legend this morning. Apparently one soundtrack from the movie is not enough. We'll tell you why. The sweet sound of Ray Charles is coming up.

(BEGIN VIDEO CLIP)

(MUSIC)

(END VIDEO CLIP) (COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

(MUSIC)

(END VIDEO CLIP)

KAGAN: "Genius Loves Company," eight Grammys for his final CD. A bit act -- Best Actor Oscar for Jamie Foxx. The world still has a lot of love for the late great Ray Charles.

With the success of "Genius" and the movie "Ray," there is even more coming your way. "More music from 'Ray'" is the second soundtrack album released from the film. Stuart Benjamin is the producer of the movie "Ray," James Austin the curator for the Ray Charles music catalogue. That sounds like a cool job. They're joining us from Los Angeles this morning.

Gentlemen, good morning.

STUART BENJAMIN, PRODUCER, "RAY": Good morning.

JAMES AUSTIN, CURATOR, RAY CHARLES MUSIC CATALOGUE: Good morning.

KAGAN: Big fan of Ray Charles, the movie, the CDs, all of it here. James, let's start with you. A second soundtrack from the movie. What was missing from the first soundtrack that you think fans are still clamoring to hear?

AUSTIN: Well, from the first soundtrack of the movie, there's just so much music that was not really included that was, I think, representative of what the movie was about and how exciting it was. And, you know, I think it really adds to the legacy of Ray Charles, as the movie really portrayed.

KAGAN: Yes, well, but specifically which songs? What music will we hear that we didn't hear on the first soundtrack?

AUSTIN: Well, "Leave My Girl Alone" and there's -- on the first one there's a song that I think is very, very telling of Ray Charles, and it's a song called "The Danger Zone." "Losing Hand." I think all these songs kind of really add to the legacy of what Ray Charles was really about.

KAGAN: Stuart, let's bring the movie producer in here. So when people -- when we were watching "Ray," we were watching Jamie Foxx's incredible performance, but we were hearing Ray Charles?

BENJAMIN: Yes, we were. We used -- we used old Ray Charles masters for the movie, and we actually had Ray come into the studio and record -- or re-record some songs for the movie.

KAGAN: Really fun and interesting movie to watch. With all the accolades that you received, Stuart, between the nominations and all the other honors, how much of it do you think was about the movie and how much do you think was about the love for Ray Charles?

BENJAMIN: I'm not sure you could separate the two. I think that -- I'd like to think that we did a really good job in terms of portraying Ray and carrying on his legacy, and I think that there is inherently a love for Ray Charles and an appreciation for him.

I actually think the movie heightened that, because a lot of people didn't know, really, what Ray Charles' story was, and now we've been able to bring that to -- to the world.

KAGAN: Of course, a lot of his story was about overcoming adversity. You've got to share a little bit about the adversity of trying to get this movie made. You've been trying since 1988?

BENJAMIN: Since 1988, and we kept banging our head against walls and having doors shut on us. But you know, to his credit, I mean, Ray always used to say to me, "Well, be patient, Stuart. Things happen for a reason. Things happen when they're meant to happen."

And I think in this particular case he was right, because the sun, the moon, the stars all seemed to line up just right when we got around to -- not got around to but when people allowed us to make this movie, including the availability of Jamie Foxx.

KAGAN: Right. I mean, clearly, it looks like he was born to play this part. He did such a good job.

BENJAMIN: I think he was born to play this part, and I think Taylor Hackford, who's been my partner for a number of years, did an amazing job directing this movie and putting all the pieces together and interweaving the music and the dramatic moments.

KAGAN: James, let's bring you back in here. So you're curator of Ray Charles' catalog. You have your hands on his legacy as we go forward from here?

AUSTIN: Yes. I think it's kind of an amazing and awesome responsibility at the same time. To -- you know, to be involved with his music is -- is one kind of honor, but to have been able to work with him, and hand in hand with Ray Charles, to have known him, and to have been able to be a part of his legacy on record, and to also have worked on the soundtrack has been truly an amazing experience.

KAGAN: Well, and those will go on not just for you, but for the fans out there, especially with the next CD coming out, "More Music from 'Ray'," the second soundtrack from the movie.

Gentlemen, thank you. James Austin, Stuart Benjamin, good luck.

BENJAMIN: Thank you.

AUSTIN: Thank you.

KAGAN: And you can keep an eye on entertainment 24/7 by pointing your Internet browser to CNN.com/entertainment. SANCHEZ: When we come back, Martha's about to get her freedom back, well, almost, after prison. She's going to be under house arrest. What does that mean for Martha?

Also, a development on another story we're just now getting wind of. We'll have that for you, as well. We'll be back in just a moment.

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KAGAN: The latest now for you on convicted rapist Alex Kelly. He was asking for parole, a parole board in Connecticut today denying that request.

He is the convicted rapist, 37 years old. He was 18 when he was charged with the crimes back in 1986, prosecutors portraying him as a spoiled rich suburban teenager. He fled to Europe before his trial, spent about a decade there, finally came back in '95, has been in prison. And the parole hearing today abut 9 a.m. in Connecticut.

This is what Kelly had to say.

(BEGIN VIDEO CLIP)

ALEX KELLY, CONVICTED RAPIST: I take full responsibility for the things I have done. I have caused a lot of pain to a lot of people, and I am sorry for that.

While I have not been subjected to anything I do not deserve, I do believe it's significant that you understand a little of what I've been through, though. Only by knowing what I've been through and a little bit of what I've lost, if you have any idea of how important this is to me.

At 18, I threw away every dream I ever had. I did it to myself. I did it. I take responsibility for it. But all those dreams are gone.

(END VIDEO CLIP)

KAGAN: Well, Kelly has served only half -- has served only half of his 16-year sentence. Once again, the parole board in Connecticut saying that that is not enough. He is continuing his prison sentence in Connecticut on those rape charges.

SANCHEZ: Another legal story, Martha Stewart is about to become a homebody. She's expected to be released from prison as early as tomorrow, but as CNN's Kelly Wallace reports, she's headed for a gilded cage, lined with a long list of rules.

(BEGIN VIDEOTAPE)

KELLY WALLACE, CNN CORRESPONDENT (voice-over): Martha Stewart, moving from the prison known as Camp Cupcake to a place where she can bake all the cupcakes she wants. This 153-acre estate in the tony Westchester town of Bedford, New York, is where Stewart will spend the next five months under house arrest.

(on camera) One prison to another in Bedford, New York?

BENJAMIN BRAFMAN, DEFENSE ATTORNEY: In a sense, but it's a terrific trade up. It's a much nicer facility. She can go to work. She can have visitors.

WALLACE: As long as those visitors are not convicted felons. The "New York Post" recently did its own list of what Martha can and cannot do under house arrest.

She can fire contestants on her own version of "The Apprentice," but can't own firearms. She can ride her staffers, but can't ride her horses.

The queen of decorating is allowed to leave her home just 48 hours per week, for work, doctor's visits, church and grocery shopping. And 24 hours a day she must wear an electronic ankle bracelet like this one which alerts her probation officer any time she leaves her home.

PAMELA HAYES, FORMER PROSECUTOR: It's a burden. I mean, it's a constant reminder that, you know, you're a criminal. I mean, you've got this thing on your leg as if she's going somewhere. Where is she going?

WALLACE: She won't be going to the Bahamas or the Hamptons or anywhere else for fun for the next five months. She'll likely do her shopping here in nearby Katonah, New York, where the welcome wagon has already been rolled out, although people here seem, well, unfazed by the imminent arrival of their celebrity neighbor.

UNIDENTIFIED FEMALE: I don't think it will make too much difference one way or the other. We have a lot of very well known people who live in the area.

WALLACE (on camera): The editor in chief of Martha Stewart's magazine said last fall, when Martha decided to serve out her sentence, instead of remaining free on appeal, she said she would be back in time to plant her garden.

(voice-over) The only problem with that is, unless she gets special approval from her probation officer, she is not allowed out of the house, which means that gardening might have to wait until the summer.

Kelly Wallace, CNN, New York.

(END VIDEOTAPE)

SANCHEZ: And we should tell you, tonight on the eve of Martha Stewart's release from prison, CNN will air a special primetime edition of "People in the News." For the first time, you're going to be able to see some footage of Stewart at what's come to known as Camp Cupcake by some. It's also some exclusive interviews and some video. It's a special primetime "People in the News," hosted by Paula Zahn. KAGAN: And that is going to do it for us. I'm Daryn Kagan.

SANCHEZ: And I'm Rick Sanchez. Wolf Blitzer is coming up next. Thanks so much for being with us today. See you again tomorrow.

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